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Whether Registration Pending Allows the Seller to Execute Another Sale Deed? – Supreme Court Clarifies the Legal Position

Can a seller execute another sale deed while the first sale deed is pending registration? Learn the Supreme Court's ruling in Kaushik Premkumar Mishra v. Kanji Ravaria (2024) and Atla Sidda Reddy v. Busi Subba Reddy, and understand the legal rights of the first purchaser.

PROPERTY LAWSNRI LEGALCIVIL LAWS

Advocate Harshit Sachar

8/3/20261 min read

Whether Registration Pending Allows the Seller to Execute Another Sale Deed? – Supreme Court Judgment Explained

Frequently Asked Questions (FAQs)

1. Can a seller execute another sale deed while the first sale deed is pending registration?

No. The Supreme Court has held that once the first sale deed has been validly executed, the seller ceases to have any transferable interest in the property. Pending registration does not authorise the seller to execute another sale deed.

2. Is the second sale deed valid if the first sale deed has not yet been registered?

Generally, no. The second sale deed can be challenged before a competent court and may be declared void or legally ineffective if the seller had already executed the first sale deed.

3. Which Supreme Court judgments deal with this issue?

The Supreme Court clarified the law in Kaushik Premkumar Mishra & Anr. v. Kanji Ravaria & Anr. (2024) and reaffirmed the principle in Atla Sidda Reddy v. Busi Subba Reddy.

4. What remedies are available to the first purchaser?

The first purchaser may file a civil suit seeking declaration, cancellation of the subsequent sale deed, permanent injunction, possession (where necessary), and other consequential reliefs.

5. Can criminal action also be taken against the seller?

Yes. If the seller has fraudulently executed multiple sale deeds with dishonest intention, criminal proceedings for offences such as cheating, forgery, or criminal breach of trust may also be maintainable depending upon the facts of the case.

6. How can a property buyer avoid such disputes?

A buyer should verify the title documents, obtain an Encumbrance Certificate, inspect revenue and municipal records, and obtain a legal opinion before purchasing the property.

7. Does pending registration mean the seller still owns the property?

No. The pendency of registration does not revive the seller's right to transfer the property again after execution of the first sale deed.

8. Can Sachar Law Firm help in property title disputes?

Yes. Sachar Law Firm provides legal assistance in sale deed disputes, title verification, cancellation of sale deeds, injunction suits, specific performance, and other property-related litigation.

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