Assignment Of Decree For Specific Performance Of Agreement To Sell Doesn't Require Registration : Supreme Court

The Supreme Court on Wednesday (November 19) held that a decree for specific performance of an agreement to sell can be validly assigned without registration, emphasising that such decrees do not themselves create any proprietary interest that would trigger the requirement of compulsory registration.

“when the decree itself which is for specific performance does not create or purport to create any right, title or interest in any immovable property, the question of registering an instrument assigning such a decree cannot arise.” , observed a bench of Justices JB Pardiwala and KV Viswanathan while addressing a question “should a deed assigning a decree for specific performance of an agreement of sale of immovable property, be registered under the provisions of the Registration Act, 1908