Writing & registration - legal formalities

Hello my reader friends. This is one more blog in the series of Law of Contract. This blog is discussing about "Writing & registration - legal formalities". Please read this blog till the end and share it with all law students. These are the notes for preparing exams of Law degree. 

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Writing and Registration:

According to Contract Act, a contract may be oral or in writing. Although in practice, it is always in the interest of the parties that the contract should be made in writing so that it may be convenient to prove in the court. However, a verbal contract if proved in the court will not be considered invalid merely on the ground that it is not in writing. It is essential for the validity of a contact that it must be in writing signed and attested by witness and registered if so required by the law.

Some contracts have special conditions that if not observed would render them invalid or void. For example, the Contract of Insurance is not a valid contract unless it is in the written form.

Similarly, in the case of contracts like contracts for immovable properties, registration of contract is necessary under the law for these to be valid.

Legal formalities if any required for particular agreement such as registration, writing, they must be followed. Writing is essential in order to effect a sale, lease, mortgage, gift of immovable property, Lease, Gift, Sale, Mortgage of immovable property, negotiable instruments, certain matters under the Companies Act, 1965 etc. Registration is required in such cases and legal formalities in the relevant legislation should be strictly followed.

Registration of Agreements or deeds is thus compulsory in case of documents falling within the scope of Section 17 of the Indian Registration Act, 1908. If the agreement does not comply with these legal formalities it cannot be enforced by law.

Example:

1. X verbally promises to sell his book to Y for Rs.200 it is a valid contract because the law does not require it to be in writing.

2. A verbally promises to sell his house to B it is not a valid contract because the law requires that the contract of immovable property must be in writing.

Here we are discussing about one of the essentials of a valid contract, listed as follows. All essential features of a valid contract are as follows.

1) Two parties

2) offer and acceptance.

3) Intention to create legal relations

4) Lawful consideration

5) Capacity of parties

6) Free & Genuine consent

7) Lawful objects

8) Writing & registration - legal formalities

9) Certainty

10) Possibility of performance

11) Not expressly declared void.

Thanks for reading till the end. The underlined part in this article is the most important part of this subject and you must write atleast this part in the exam. Also relevant case laws will give you more advantage and an example is must in answer. Please share this blog with all the law students.