Agreement to sell

Querist : Anonymous (Querist) 09 May 2011 This query is : Resolved
An agreement to sell a plot in Haryana is written between two parties . The agreement is written merely on Rs. 10/- stamp paper and not registered and also not attested by notary or any licensed document writer.The value of the property is 50 lac. But later on the dispute arises as the price of the plot rises all of a sudden and the vendor refuses to execute the sale deed and demands more money.But the vendee has sufficient proof to prove that earnest money(byana)of Rs. 10 lac has been paid. Although the vendor is ready to return the byana amount but not ready for executing the registry.Can the suit for specific performance be filed? Is the agreement to sell valid on Rs. 10/- stamp paper?

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Ravikant Soni (Expert) 09 May 2011
yes you can sue for specific performance of contract..

bhupender sharma (Expert) 09 May 2011
every agreement to sell ought to have been made on the requisite stamp paper as provicded under the Indian Stamp Act which levy the duty as provided under the act i.e 90 percent of the sale consideration. Please referto the same then file the case in accordance with the act other wise the objection under section 33 and 35 of the Act Would Come and the same will be difficult for u.

Raj Kumar Makkad (Expert) 09 May 2011
In Haryana, agreement to sale even though not notarized or registered can be got performed subject to fulfilment of all connected terms like date of execution of registered sale-deed, amount/consideration of sale, earnest money, attesting witnesses, presence of buyer on the day of sale-deed with requisite amount in the office of registrar with prior intimation to seller, marking of presence, notice and then civil suit for specific performance.

Querist : Anonymous (Querist) 10 May 2011
Thanks to all the experts for their valuable guidance

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