Possessory agreement of sale disputed
GANGAM.RAJENDER.
(Querist) 27 February 2015
This query is : Resolved
respected experts,
The family members(D1 to D5) are entered in to the Possessory agreement of sale WITH 100/- BOND PAPER.
(i.e D1 IS THE FATHER AND D2 TO D5 ARE CHILDREN)
On the basis of this said agreement the purchasers (P1,P2) filed a suit for specific performance to register a sale deed in favour of plaintiffs OR to return the consideration.
which is ancestral property.
D1 AND D2 COLLUDED WITH THE THIRD PARTY AND REGISTERED THE PROPERTY.
Q1.D1 AND D2 DISPUTED THE POSSESSION OF THE PLAINTIFFS (P1,P2).
THE OBJECTIONS RAISED BY THE D4 THAT THE POSSESSORY AGREEMENT COMPULSORY REGISTERED.
"IN THIS CIRCUMSTANCE CAN WE COMPULSORY PAY STAMP DUTY".
HERE IN THIS CASE DOCUMENT SHOWING POSSESSORY BUT WHICH WAS DISPUTED BY D1 ,D2 AGREEMENT HOLDERS.
PLS GIVE ME SUGGESTION SIR.
THANK YOU SIR.
R.K Nanda
(Expert) 28 February 2015
have permanent lawyer for ur so many queries.
Guest
(Expert) 28 February 2015
Seems to be an academic query.
Rajendra K Goyal
(Expert) 28 February 2015
All the documents need to be referred, consult local lawyer.
M V Gupta
(Expert) 28 February 2015
Personal profile of the querist states that he is an Advocate and would like to enhance his pro knowledge. As regards the query posed about liability of the Agreement in question he should check the provisions of the AP Stamp Act to find whether agreement for sale of property with possession attracts stamp duty as Conveyance. Further such agreements being in the nature of sale by part performance require registration. As the document appears to have been executed some time ago its registration now would appear not possible.
M V Gupta
(Expert) 01 March 2015
In continuation of my above reply, I would like to add that if the document is found to have been not stamped with proper duty and not registered, the court may impound the same and refer it to the collector of stamps for assessment of stamp duty and penalty payable.
GANGAM.RAJENDER.
(Querist) 01 March 2015
thank you experts,
thank you M V Gupta sir,
stamp duty act ap section 33 38 40 we are going to file IA but recently 2014(5) ALD 755 directed the trial court.
The document is "draft sale deed" signed by some of the vendors.
in this circumstance the trial court is directed to receive the document in evidence and leave the question of stamp duty and registration charges,depending upon the result, that may be granted in the suit. The CRP is allowed.
the given citation is applicable to our case or not sir.
in our case the agreement holders D1,D2 ARE DISPUTED THE POSSESSION.
thank you sir.
M V Gupta
(Expert) 02 March 2015
You are the best judge about the applicability of the citation mentioned by you. I do not have the reported judgement.
GANGAM.RAJENDER.
(Querist) 02 March 2015
thank you M V Gupta sir,
if any citation regarding this pls provide sir.
T. Kalaiselvan, Advocate
(Expert) 03 March 2015
Citations are not provided here, you may make your own efforts for it. For other issues, I agree with the opinion of expert Mr. Gupta.
