You cannot register an agreement of sale on Rs 100/- stamp paper in the sub-registrar's office. You will have to pay complete stamp duty if you choose to register it with the Sub-registrar.

How complete stamp duty can be paid initially at the time of initiating deal with seller wherein the flat is under construction?

I am looking forward to buy underconstruction flat of the builder, is the deal on 100 rs stamp paper valid in court ? 

An Agreement to Sell being a document that does not vest any propreitary rights by itself but merely giving right to obtain another document, is not required to be registered. An agreement to sell on a 100 rupees stamp paper is perfectly admissible in a court of law, and can be used to file a suit for specific performance/damage in case of breach.

Thanks Bharat for your advice. Can i get document where this written that ATS on 100 rs stamp paper is admissible in court of law and can be used to file a suit for specific performance/damage in case of breach.

Mr. Bharat Chugh,

I want to clarify on your above statement that the Agreement of Sale doesn't need to be registered and can be produced as an evidence in court. I came across this judgement from High court which contradicts that and would like to have your views on that.

Here is the linkk for the judgement.

http://www.lawyersclubindia.com/judiciary/Unregistered-Agreement-to-sell-can-not-be-specifically-enfor-42.asp#.UCDCzk1Dykw

Dear Manoj,

Can you pls update me in brief what this judgement means ? Is this means that unregistered agreement to sell cannot be enforced in court of law ? 

Please Suggest on this

Gaurav,

I am not a lawyer and thats why I want my Bharat opinion on that.

But thats what it seems after reading the judgement. It needs to be registered.

@Dear Mr.Singh - The judgment that you talk about, has relevance only in State of UP, where via an amendment made in 1976 - S.17 & 49 of the Act were amended, and agreement to sell or contract for sale of immoveable property was made compulsorily registrable. The national position remains as I said, the querist has not mentioned that hte property pertains to the State of U.P. 

@Dear Mr.Gaurav - Kindly read S.17(2)(v) and S.49 (proviso) of the Registration Act, 1908. 

Don't forget to send me your feedback on this !

Dear Adv. Bharat,

So Can you please let me procedure of Registering a Agreement to Sell of Under Construction Property of a Builder wherein possession would be in a Year or Two.

As i m buying flat so concerned on safety pov. 

Regds

Gaurav