Section 91 The Indian Contract Act, 1872
📘 Section 91 – The Indian Contract Act, 1872
Topic: Contract Containing a Reciprocal Promise to Transfer Immovable Property
🔹 Bare Text of Section 91:
When a contract contains a reciprocal promise to transfer immovable property, or an interest therein, by way of sale, exchange, or otherwise, such transfer must be made by a registered instrument signed by the parties and attested by at least two witnesses; otherwise, the contract is void.
🧾 Explanation in Simple Terms:
If the contract involves a promise to transfer immovable property (like land, buildings, or any real estate interest), the law requires that the transfer must be made by a registered document.
The document must be:
Signed by the parties involved, and
Attested by at least two witnesses.
Without this registration, the contract to transfer property is void and has no legal effect.
🔍 Key Points:
This is to ensure authenticity and legality of contracts involving immovable property.
The requirement of registration comes under the Registration Act, 1908.
A simple written agreement without registration cannot transfer ownership rights.
📌 Why is this important?
To prevent fraudulent claims and ensure clear title.
Protects both parties and third parties by providing public notice of transfer.
Ensures compliance with statutory formalities for immovable property transactions.
⚖️ Example:
A agrees to sell his house to B by contract. They sign an agreement but do not register it.
According to Section 91, this contract is void in terms of transferring ownership.
B has no enforceable right to the house unless the transfer is registered properly.
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