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Mohammed Faiz (Partner)     31 January 2015

Agreement of sale

Hi,

Can anyone clarify me that in case of writing a "Agreement of Sale" for a house property, in whose name the non-judicial stamp paper has to be purchased; i.e. in the name of Vendor or Vendee ?  

And also one witness is sufficient or has to be two witnesses [one from the vendor side and other from vendee side]

Please clarify the doubts.

Thanks



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

The issues raised here seeking clarification are merely local in nature depending on the prevailing circumstances.  There is nothing wrong in buying the NJS on vendors name or vendees name and also there can be two witnesses, both may be common or depending on the availability.

Mohammed Faiz (Partner)     01 February 2015

Thank You Mr. T. Kalaiselvan Sir,

The clarification is regarding a fabricated agreement of sale to which a suit for specific performance was filed which is decreed and now it is under appeal in the high court of AP.

Some Brief about the case:

A signed blank stamp paper was given to the money lender as a security & surety to which he has concocted to a agreement of sale for the house property.

-- The stamp paper was purchased in February 2002 by the borrower.

-- Agreement of Sale date mentioned on the stamp paper is October 2003,

which means Stamp paper purchased 20-months prior to the agreement.

-- The Stamp Paper has only one witness though there is no name and address of the witness.

Can the above facts prove it to be unauthentic ?

Can you please help me.

Thanks

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

Your previous post was vague without the background details, hence you got that reply.  However, as per your subsequent post on the same subject, it can be construed that it is a fabricated document filed with an intention for a wrongful gain.  This matter can very well be challenged, it is a matter of trial.  The signature of the witness without his name and address is under suspicion hence he can be summoned to depose evidence to prove the execution or else the document is under cloud.   It is good case for challenging.

Mohammed Faiz (Partner)     02 February 2015

Thank you sir for your guidance.

Another interesting subject is that the money lender fabricated the agreement of sale to a house property which does not belong to the borrower.  Money Lender assumed that the property belongs to him and also he forged the plan paper by using the official government seal by adding the house number on it.

Is the agreement valid in the eye of law ?

Any citations please...

Thanks.


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