Specific Relief Act, 1961 – When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, the suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from the competent authority – Referred to Nathulal v. Fulchand 1969(3) SCC 120 and distinguished Murlidhar Dayandeo Kesekar v. Vishwanath Pandu Barde, 1995 (Supp.) 2 SCC 549.
Maharashtra Land Revenue Code, 1966; Section 36A- Registration Act, 2008; Section 17-There is no bar for a tribal to enter into an agreement to sell and seeking advance sale consideration. However, before conveying the land by the tribal in favour of a non-tribal, the requisites of Section 36A must be complied with by the non-tribal before the State Government in terms of Section 36A of the Land Revenue Code – The conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 2008. Till then, there is no conveyance.