Arbitration on non stamp agreement

director

1) WHAT IS THE STAMP VALUE FOR AGREEMENT to sell / ALLOTMENT DONE IN DELHI IN YEAR 2005

2) written POSSESSION GIVEN AFTER 100 % PAYMNET IN 2006

3) CAN THIS AGREEMENT IS VALID IN COURT FOR ARBITRATION

4) IF OTHER PARTY SAYS STAMPing / REGISTRATION NOT DONE AND AGREEMENT IS LEGALLY VOID

5) WHAT IS THE REMEDY ?  CAN STAMP BE PAID NOW AND WHAT WILL BE STAMPing etc cost

 
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Advocate

Dear Pawan, you need to be more clear.  I believe, you entered into an agreement of sale, paid total consideration, took possession of the landed property but did not get it registered.   Is the agreement of sale on a white paper, or a non-judicial stamp paper of some value.  You are talking of arbitration, whether the agreement contains any clause of settling disputes first resorting to arbitration.  Though the agreement is not registered and time barred for specific performance, it is sufficiently acted upon by both the parties, except final registration of sale deed.  If the other party denies, you have to fight it out proving the agreement, payment and delivered possession and you being in constructive possession of the property, as you said since 2006.  Agreements can even be oral, leave alone written on paper and due stamping and registration will would have saved you from the legal hassels, yet make efforts to sort out amicably and then knock the doors of justice.

 
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Advocate

However, deficit stamp value can be paid and the agreement could be revalidated now.

 
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director

Sir God Bless You for prompt answer

1) sir matter is in high court for arbitrator appointment court granted us injuction telling respondent not to deal / transfer in this agreement is on pre printed builder format ( plain papers)

2) Builder responded that this agreement is not a agreement to sell  but is allotement and in any way this is not registerd and stamp so court cant act on this legally void agrrement

3) arbitration clause was there and builder did not appouinted arbitrator despite legal notice so we move high court

5) builder has taken all sale deed power in himself to do stamp and no specific time / date given.

6) can we pay stamp   now  is it compulsory to stamp and register

7)what will be the value ( i think not equal to conveynce stamping which is very high)

with best regards

 

 

 
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Please understand that failure to stamp an agreement does not result in the agreement being void and unenforceable. Stamping can be carried out, with compunding charges, at any point of time. 

The builder is trying to misdirect you by saying that the agreement is void due to failure to stamp. You can pay stamp duty before you file a petition and that will enable you to produce the agreement before court and for the court to consider it admissable as evidence.

 
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director

Dear sir Thanks

Matter is in court for arbitrator appintment ! Kindly tell me  Rupees Terms  what will be the stamp value on this ( appx only ) 

 
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advocate/counsel supreme court

Mr.Pawan: You can treat the agreement as an MOU till registered under delhi registration Act relevant, in your case at Delhi. If you gave authority to builder a power of attorney  that authority you can withdraw that power is not under irrevocable attorney.You can issue Legal Notice to the respondent when the matter is under Arbitration at high court, as arbitration is not strictly governed by civil procedure code 1908.So no civil procedure is applicable on arbitrations. Arbitration is not adjudication under substantial laws.

MOU is an agreement falling under Indian contract Act. Even oral contracts are recognized under the Act. 

You have to know where is the need of arbitration when there is a breach of contract or agreement as i see from your narration. All breach of contracts can be moved under civil laws as also under criminal laws if you can prove mens rea.

you can even file f i r against the seller for failure to perform under the contract.

 

Now why you want to register till the sale is confirmed by court. Your moving Arbitration is not an ideal procedure as the seller has alleged criminal intentions on your moneys.

Your notice should be well drafted by a good property lawyer who knows property laws properly. I meam no point you going to cooperative societies lawyer, for everylaw has nuances and citations of judgements. Now please do not try to save money when paying legal fees.Proper lawyer only can save your payments made.

 

You have been improperly advised to move under Arbitration, as you had not registered your purchase agreement. First ensure your right on property. Registration under stamp Act need not necessarily ascertain your right over property unless the document is recognized both by seller and buyer.

 

yes now you have moved under arbitration Act 1996 i presume. Before moving apponting arbitrator you should have issued arbitration notice to seller your intention for arbitration and it seems you moved directly to High court for appointment of arbitrator that is inded irregular approach. After all court performs only administrative function in appointing arbitrator. Most High courts would not have admitted your application unless you adopted proper procedure but it appears you seem tohave used some influential lawyer to get arbitration application in the court.

you should realize arbitrator appointment and his decision need not necessarily a court order but some mediation unless arbitration agreement is counter signed by the court of competent jurisdiction.

Before spending registration stamp duties which may be about 10% of agreement value plus penalty for delay in registering the document provided your seller also appears before sub registrar for registration with his Pan number with his photo as also your pan number and your photo. if any of you is absent you cannot register unilaterally. so understand implications for registration.

It appears your seller may not come to registrar office if so how will you register the document.

So your situation appears the seller has caused a breach of contract after having taken money. in fact no purchaser of property pays full moneys before doumuments get registered as the sub registrar asks the seller whether  buyer paid all moneys if so what are the cheque/DD particulars he will ask if not found on agreement. so someone misguided you in the purchase. it appears there is clear  cheating intention of seller or his agent of your moneys. please correctly investigate with the help of a competent lawyer.

you have to see whether there are encumberances on the property that you have to get from ehsildars office concerned by referring patta/katha partculars of the relevant year of the base document.

Any land or house purchase just do not believe the words of agents or builders unless you are finally satisfied on the basis of documents . else you will be shunted up and down by seller once you pay the moneys sir!

 
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