Agreement to sell unregistered for land

sherry (Querist) 22 November 2013 This query is : Resolved
Dear Experts
My friend(seller) have executed a agreement to sell for his land.When contract was not completed, he returned the part payments received by him to the purchaser and the original Agreement to sell was torn.Purchaser had kept photocopy of the same.Now what is the fate and legal value of this agreement on basis of photocopy.
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ajay sethi (Expert) 22 November 2013
did he obtain any acknowledgment of return of part payments ? i presume agreement was un regd . if agreement has been cancelled with mutual consent of parties you wont have any problems

sherry (Querist) 22 November 2013
NO acknowledgement received.whether the purchaser who is property dealer can misuse the photocopy of agreement?
Could u please provide me the details of any SC judgments regarding such cases where case is filed on basis of photocopy of agreement.

Guest (Expert) 22 November 2013
Is the proposed buyer making any illegal attempts.You could file a police complaint if you feel so you could also give a newspaper advt narrating the facts thro an advocate for more safety if required.

Devajyoti Barman (Expert) 22 November 2013
Photocopy can not be misused.

T. Kalaiselvan, Advocate (Expert) 22 November 2013
The unregistered sale agreement, even if it is original also, cannot be considered as valid, so with the photo copy, the purchaser cannot do anything to harm you or torture you.

Rajendra K Goyal (Expert) 23 November 2013
Photocopy has no value. He can not do any fruitful mischief without original.

ABDUL RAZIQUE (Expert) 23 November 2013
Photo copy and true copy is used for evidence but it must be notarised with signature of verification.

For supreme court judgment search judgment sight.

sherry (Querist) 24 November 2013
Thanks Abdul sir..i searched the site for judgements,but couldnot find one.If you could mention any judgement over here it would be of great help and i can search its details on the site

prabhakar singh (Expert) 24 November 2013
In UP any unregistered agreement relating to immovable property is of no value.

Devajyoti Barman (Expert) 25 November 2013
I am curious to know from Mr.Razique how can the notiarsed photocpoy be misused if the signatures are not real.

sherry (Querist) 27 November 2013
When the seller admits his signature on the agreement and also admits that he received the payment but takes a plea that this was a loan transaction and i signed the document without reading it in good faith.Then what is the status of this photocopy?

Devajyoti Barman (Expert) 27 November 2013
looks like academic query now.

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