U turn by one of the party of agreement
vinod bansal
(Querist) 30 August 2010
This query is : Resolved
R/Experts
In my case an agreement for sale was got executed in between my client and one other person.Earnest money of Rs. 5 lac was paid in cash and an agreement was executed on a 10/-Rs stamp paper which was signed by both parties and witnesses,but this agreement was not attested by notary nor registered in tehsil.Simply it is typed in agreement as receipt of Rs. 5/- lac received and receipt is signed by seller but revenue stamp was not affixed on it.stamp paper was purchased by seller and his signature is available in the register of stamp vendor,now seller has filed a civil suit against my client (purchaser) for permanent injunction restraining the defendent(My client)not to disturb his peaceful possession by taking support of fake agreement.Plaintiff has taken a plea in his suit that he is a old man and purchaser played a fraud on him and forged a fake documents by obtaining his signature by fraud. Now suit is pending for 5 Sep for summoning of my client and as per agreement sale deed is to be executed on 25/09/2010 after payment of remaining sale consideration on same day of sale deed.In given facts i mark my presence in tehsil on 25/09/2010 or not.Secondly what legal action i can take for initiating criminal action against seller for this breach of contract and for execution of sale deed what i can do.Possession was not given at the time of agreement.Actual possession is also of seller on the property in dispute.What is value of above sale agreement in absence of attestation and revenve stamp on receipt of earnest money.Kindly help.Thanx in advance
adv. rajeev ( rajoo )
(Expert) 31 August 2010
On behalf of your client you will have to file suit for specific performance of contract against the seller. Prior to filing the suit you will have to issue notice to the seller intimating him that you are ready and willing to purchase the property by paying balance sale consideration it is mandatory.
It is civil nature, you cannot file criminal complaint against the seller.
Court fee will have to be paid as per the state court fees act.
Chanchal Nag Chowdhury
(Expert) 31 August 2010
The agreement is valid.
U may sue for specific performance of contract.
Absence of Notarisation or revenue stamp does not make the agreement invalid.
A case u/s420 IPC has certainly been made out as the seller has pleaded fraud & is trying to make gains at your client's expense.
s.subramanian
(Expert) 31 August 2010
yes. I agree with chanchal.
R.Ranganathan
(Expert) 01 September 2010
yes. you have all the rights guaranteed under the acts. You can defend the suit filed by the seller proving the payment of the amounts. Further you can file a specific performance suit against the seller based on the agreement. Also you can file a criminal case against the seller for cheating and criminal breach of trust.
