Sale agreement on plain paper

Annu (Querist) 12 February 2014 This query is : Resolved
SIR,
Is the Sale Agreement on plain paper valid in the eye of law.The agreement has all the payment details and transfer of possession to the purchaser(me).it was made in 2008 but the sale deed is not yet registered in my name because the builder is mischevious.
how can i proceed ahead now and what options are there for me as my money is blocked?

Follow Query

Report Abuse

Guest (Expert) 12 February 2014
@ Author As per Transfer of Property Act unless the Sale Deed is registered you have no rights at all.Consult a Criminal Lawyer and initiate proceedings against builder strongly so that he could come forward for Registrations

Devajyoti Barman (Expert) 12 February 2014
You can file case before the consumer forum to get the sale deed registered.

Annu (Querist) 12 February 2014
devajyoti sir how much time does it takes in consumer court and whts the cost?

Devajyoti Barman (Expert) 13 February 2014
The charges are minimal except the advocate's fees. The time should be within one and half years though it may vary but not much.

Rajendra K Goyal (Expert) 13 February 2014
Send legal notice. Lodge complaint before the Consumer Forum.

ajay sethi (Expert) 13 February 2014
repeated query

Rajendra K Goyal (Expert) 13 February 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Sale-agreement-on-plain-paper-453646.asp#.UvxruIVRy_I

R.V.RAO (Expert) 13 February 2014
agree with sri burmanji.

RAJU O.F., (Expert) 14 February 2014
Immediately entrust the matter to an advocate conversant with property matters. You had to prepare the sale agreement in stamp paper of adequate value and got it registered.

T. Kalaiselvan, Advocate (Expert) 15 February 2014
A Sale agreement on a plain paper is not legally valid but can be treated as receipt for money received. It is barred by limitation for recovery of money but if time is not essence of contract and since the possession of property is with you, you may issue notice to the vendor to execute a registered sale deed in your favor.

Advocate. Arunagiri (Expert) 15 February 2014
I agree to the opinion of Adv.Kalaiselvan on this point.

Guest (Expert) 15 February 2014
Well advised.

R.V.RAO (Expert) 16 February 2014

1) A Sale agreement on a plain paper is not legally valid .....

2.) It(sale agreement on plain paper) is barred by limitation for recovery of money....

two statements were given in above experts views about sale agreement on plain paper.

i wish to be clear that
1.) if a plain paper agreement is not legally valid,can it be barred by limitation for recovery of money?
2.)stamp paper agreement cannot be barred by limitation?

Devajyoti Barman (Expert) 16 February 2014
I differ with Kalaiselvanji.
When even verbal agreement is permissible then how agreement on plain paper is not valid.
Refusal to register a sale deed is continuing offence and hence complaint in consumer forum is very much maintainable.

V R SHROFF (Expert) 16 February 2014
Issue Legal Notice.
claim transaction is alive and within Limitation.
claim Specific performance.

Advocate will guide better after going thru details and doc.

prabhakar singh (Expert) 16 February 2014
If the agreement pertains to any property in UP,where due to an amendment all agreements
to sale are compulsorily registerable and where possession is delivered stamp duty is payable on entire consideration.
However prospective buyer in possession can not be evicted by owner.

In many jurisdictions such agreements are even permissible orally then there stamp duty can not be a question mark.

Sale agreement on plain paper

Similar Resolved Queries :

Download LCI APP

Our Network Sites