Agreement to sell ....
tdeli
(Querist) 20 October 2012
This query is : Resolved
A is buying a house in New Delhi for a certain amount. He makes an advance payment for the house with condition that he will make balance payment in 3 installments and final payment during the time when Reg. sale Deed will be executed before the Registrar.
The buyer and seller execute the following documents -
a) Agreement to Sell giving details of the Sale Consideration and the Payment details.
b)Receipt which gives details regarding the advance payment received.
These documents were not registered before the Registrar and no stamp duty was paid except they were made on Rs.100/- Stamp paper.
1. What is the validity of these documents as advance payment for the property.
2. If there is any kind of misunderstanding between the seller and the purchaser. can the purchaser enforce the sale of the property to him in the court of law or these documents wont be applicable as no stamp duty was paid on them .
Thanks ...
Kiran Kumar
(Expert) 20 October 2012
there documents cannot be used for Specific Enforcement of the agreement to sell.
however can be used for collateral purposes like Suit for Recovery etc.
otherwise without Registration these documents are of no use.
tdeli
(Querist) 20 October 2012
What does collateral purposes like Suit for Recovery means.. suit for claiming of money to be paid back ... but cannot enforce the sale of the property because they are not registered or stamp duty not paid ...
Raj Kumar Makkad
(Expert) 02 December 2012
As the agreement to sale has not been got registered by paying the requisite stamp duty so that agreement cannot be got enforced from the court of law but the same can be used as an evidence by buyer to get his money back by filing a suit for recovery against the seller in case any dispute arises between them.
