House purchase
AMIT MISHRA
(Querist) 11 October 2013
This query is : Resolved
If I received part possession in a house against a unregistered agreement. Then for specific performance for agreement for sale can I need to pay stamp duty.
ajay sethi
(Expert) 11 October 2013
it is necessary that agreement is duly stamped and regd . an un regd agreement is not admissible in evidence
AMIT MISHRA
(Querist) 11 October 2013
sir , give me solution , how it can be registered
ajay sethi
(Expert) 11 October 2013
registration has to be done within period of 4 months from date of agreement . further period of 4 months is granted on payment of penalty . you can request the seller to submit the original agreement for registration .if he fails to do so move court for necessary reliefs
Rajendra K Goyal
(Expert) 11 October 2013
Agreement to sale and sale deed are separate. If it was agreement to sale (Agreement on stamp paper entered after payment of token money) and the seller is not signing the sale deed (on offering full payment), suit for specific performance can be filed after sending legal notice. Sale deed has to be stamped ad volerm differing state to State. If sale deed has been signed and stamp fee has been paid, it can be got registered as advised by the expert ajay sethi ji.
R.K Nanda
(Expert) 11 October 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 11 October 2013
After the verdict of Hon'ble Supreme Court of India in Suraj lamp Company versus State of Haryana case, the agreement to sale is required to be registered otherwise it shall not be admissible in evidence, however, all pending cases and pending agreements were not disturbed in that judgment.
In the given case, the part possession of the suit property (agreed to be sold) is already with the buyer but the seller is refusing for its registration so the suit for specific performance is maintainable and court fee is liable to be affixed as per Court Fee Act of that State.
No rebate in court fee is available on the basis of part possession of the suit property.
