The Maharashtra Ownership Flats Act 1963

1[4A. Effect of non-registration of agreement required to be registered under section 4. Where any agreement for sale entered into under sub-section (1)of section 4,whether entered into before the commencement of the Maharashtra Ownership flat (Regulation  of the promotion and construction sale, management and transfer ) (Amendment and Validating Provisions) Act, 1983 (Mah.V of 1984)  remains unregistered for any reason, then notwithsnding anything contained in any law for the time being in force, or in any judgement, decree or order of any Court, it may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1963(XLVII of 1963.), or as evidence of part performance of a contract for the purposes of section 53A of the transfer of Property Act, 1882 (IV of 1982), or as evidence of any collateral transaction not required to be effected by registered instrument].

                                                         NOTES

v  This gives special rule giving effect to what is to happen if the agreement required to be registered under section 4 is not registered. it is provided that in suits for specific performance or as evidence of part performance under section 53A cannot be used as an evidence, further that the same cannot be used for any collateral purpose.

The provisions are very vital as they affect the remedies available to a person when agreements as set out therein are not registered.

v  Dispute---Ownership of terrace---Proof---Builder selling terrace to one of flat owners on 7^th floor---Dispute about legality raised by the society---Society registered and property transferred in 1963 not specifically mentioning sale of terrace to society---Held, as provisions of Maharashtra Co-operative Societies Act do not empower builder to sell the terrace separately, absence of registration of terrace to society is not material or adverse to claim of society.Ramagauri Keshvlal Virani v/s Walkeshwar Triveni Co-operative Housing Society Ltd.& others 2002(2) Bom.C.R. 687; 1999(3) Bom.L.R. 184; 1999(3) Mh.L.J.145

v  Agreement---Registration---Requirement---Every agreement under the special Act is required to be registered---Consequences of non-registration provided under section 4A---This provision is neither opposed to nor inconsistent with section 49 of Indian Registration Act---can’t Held, section 49 be invoked to nullify the mandatory provisions. the State of Maharashtra and others v/s Mahavir Lalchand Rathod and another 1992(2) Bom.C.R. 1; 1994 (0) Bom.L.R.110

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