Agreement
Querist :
Anonymous
(Querist) 22 October 2021
This query is : Open
An agreement between both parties written on A4 paper with witnesses attested, is it legal if any disputes arise in the future?
Dr J C Vashista
(Expert) 23 October 2021
The agreement has to executed on stamp paper of appropriate value.
Shubham Bhardwaj
(Expert) 23 October 2021
Dear Sir,
I agree with learned expert Sh Vashista G. The amount of stamp duty would depend on the nature of agreement. Further, also take note of Section 17 Registration Act. If the document is compulsorily registrable, the same is of no value unless registered. If not, then simply print the agreement on requisite amount stamp paper and get the same notarized and attested by witnesses
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, Chandigarh
Disclaimer:- Opinion is only for guidance.
SHIRISH PAWAR, 7738990900
(Expert) 23 October 2021
Hello,
The agreement can be executed on A4 paper. In some cases, the agreement required stamp duty and registration. So you have to be careful about this while drafting the agreement. Otherwise, the agreement will not survive before the court if any dispute arises.
Pradipta Nath
(Expert) 23 October 2021
Agreement can be implicit or explicit. It can be executed in a plain paper too. There is no hard and fast rule for this! The witnesses will be enough to cover up any dispute regarding any dispute regarding the signature of the parties. But in case it is a Contract, it is always preferable to go with stamp duty and registration.
kavksatyanarayana
(Expert) 23 October 2021
There are several types of agreements. You can write the agreement on A4 size paper, but it requires stamp duty according to the nature of the agreement. No stamp duty is exempted for agreements unless executed by or in favour of any Government.
P. Venu
(Expert) 26 October 2021
Yes, an agreement requires to be executed on stamp paper, as specified. Unless properly stamped, the document is not admissible in evidence. It is bond to be impounded could be marked in evidence if requisite is remitted with fine; the fine could be substantial basing upon the provisions of the relevant Stamp Act.
K Rajasekharan
(Expert) 26 October 2021
An agreement prepared on plain paper is not per se illegal. But in order to make it perfectly legal in such a way that a public officer or a court can act upon it, the stamp duty and a hefty penalty need to be paid.
The witness has no much role in many kinds of agreements and only a few types of instruments in India require witness attestation.
An article prepared by me on this issue, denoting the relevant provisions of law, is available at https://lawwatch.in/legal-validity-of-agreements-made-on-plain-paper/
