Y V Vishweshwar Rao
(Querist) 21 July 2009
This query is : Resolved
I request lrd friends to Verify and suggest on the followign issue !
One X purchased 200 Square yards in 1990 under Sale agreement with Delivery of possession with Rs;- 100/- NJS - And again purchased 300 Square yards abuttign the said 200 square yards in the year 1998 under Sale Agrement with Delivery of possesison - NJS Rs;- 100/-
In the year 2005 the same vendor executed & Registered Sale deed with reference to the sale agreements of 1990 & 1998 and delivery of possession in the year 1990 & 1998 , in favour of the same Vendee in respect of the both Sale agreemtns( consolidated ) for 500 square yards and required stamp duty is paid on Registered sale Deed as per 2005 rates
Now in a Suit the Regd Sale deed of 2005 , Sale agreements of 1990 & 1998 are filed to prove the dates of transactions & Delivery fo possession as in 1990 & 1998 and delivery of possession to the purchaser . The Regd Sale deed of 2005 is marked . The sale agreements of 1990 & 1998 with delivery of possession are objected for want of Stamp duty & Penalties & required to be imopounded indipendently .In fact in the sale Deed of 2005 entire stamp duty was paid as per 2005 rates (though sale considerations in 1990 & 1998 were very less)
Whther, the Sale agreement of 1990 & 1998 with delivery of possession, have to be indipendently impounded, inspite of Registration of Sale deed in 2005 on the same land/s and transactions between the same parties ?
As per my exeperience, each and every document should be stamped on the day of execution of that instrument.
Sale Agreements of with possession should be stamped and registered under the stamp act and Registration Act otherwise that documents are legally cannot admisable under Evidence Act. Subsequently paid the stamp duty on another instrument, cannot transfer the liability of paying stamp duty on unstamped instrument.
If you need to proove the delivery of the posession of that property under the said Agreements, that agreements should be paid stamp duty otherwise that documents should be impounded.