Unregistered document before court

M Satyanarayana (Querist) 21 November 2017 This query is : Resolved
Sir,

In my case the opposite party filed unregistered document of my execution which is liable for stamp duty.As I opposed and denied the execution but opposite party insisted for sending the disputed signature to expert handwriting for arriving at genuineness of the signature on the disputed document. As per the request of the opposite party court was obliged to send the document after impounding for payment of stamp duty. Unfortunately for some unknown reasons the opposite party not paid the stamp duty. Two questions arise, firstly what will be the status of such unregistered document not paid stamp duty for evidence. Secondly the unregistered and unpaid document is destoryed or defaced or return to the opposite party. The registration office is bound to sent the unpaid unstamped document back to the court or it is retained in the registration office.

Please kindly advise.

M.Satyanaryana

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 21 November 2017
{1} Unregistered and insufficiently stamped document is not admissible in evidence and will not considered for decision
{2} Sub Registrar will return back the document to court if deficit stamp duty is not paid.

Kishor Mehta (Expert) 21 November 2017
An unregistered document is not accepted as evidence in a.Court of Law.

Guest (Expert) 22 November 2017
Please tell your state, because many states have their stamp act and that required study.
For eg. long back I read in my state that is Maharashtra there is different provision of such document getting admitted as evidence.
Means documents are impounded then they send it for adjudication if proper stamp duty is paid by party signing them including penalty etc. then that document is admitted as evidence.
In that Stamp act it is stated if document are properly stamp then it can be admitted as evidence.
There are thousands of cases where people paid stamp document and registration not done so for them provision is made that document can be admitted as evidence if proper stamp duty paid.

So your state law requires study , if their is loop hole for opp. party etc.

----------------------------

Else all above ans. are 100% correct if no amendment or state law don't differ

Guest (Expert) 22 November 2017
The problem takes place that subject of concurrent list and state list of schedule 7 of the constitution we need to check state law too or amendment.

Dr J C Vashista (Expert) 22 November 2017
What is the document involved which the opposite party wants to submit and get you examined?

Dr J C Vashista (Expert) 22 November 2017
I agree with experts the document (if required to be compulsorily registered under section 17 of the Registration Act) shall be impounded and 11 times penalty has to be paid.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now