Supreme Court holds an agreement to sell gives no title without a registered sale deed

25 October 2026

In Rano Singh v. Gurbax Singh, the Supreme Court of India has held that a suit for possession alone is not maintainable where the plaintiff's title is seriously disputed by a registered sale deed. The plaintiff was allotted a plot in 1952 under an agreement to sell, with a condition to build a house within three years. In 1954 he asked the housing society to transfer the plot to his nephew, who took possession, paid the dues and built a house by 1959. The society executed a registered sale deed in the nephew's favour in 1960, and none was ever executed for the plaintiff. The Court held that an agreement to sell does not confer title without a registered sale deed, and that the plaintiffs needed to seek cancellation of the 1960 sale deed or specific performance. The appeal was dismissed, upholding the trial court and the Delhi High Court.