Unregistered agreement to sell creates no property interest and cannot defeat attachment or support membership claims.

An unregistered agreement to sell does not transfer any right, title or interest in immovable property, because such property can be conveyed only by a registered instrument. The limited protection of part performance is available only as a defence by the transferor or a person claiming under the transferor, and cannot by itself defeat attachment or create membership rights in a co-operative society. On the facts, the alleged agreement was doubted, the original document was not produced, the signature was disputed, and the transfer was not disclosed in the relevant proceedings. The claim based on the agreement therefore failed, and no enforceable interest in the suit property was established.

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Issues: Whether an unregistered agreement to sell could confer any right, title or interest in the immovable property so as to defeat the attachment and sustain the claim for membership of the co-operative society.

Analysis: An immovable property can be transferred only by a registered conveyance. An agreement to sell does not by itself create or transfer any right, title or interest in such property and cannot be treated as a completed transfer. The protection under part performance is limited and can be invoked only as a defence by the transferor or a person claiming under the transferor. On the facts, the alleged agreement was doubted, the original document was not produced, the signature was in question, and the alleged transfer was not disclosed during the relevant proceedings. The claimed transfer was therefore incapable of defeating the attachment or supporting the claim for membership.

Conclusion: The claim based on the alleged agreement to sell failed, and the respondent had no right, title or interest in the suit property.

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