Karnataka stamp act

NAGARAJ (Querist) 22 September 2018 This query is : Resolved
im plaintiff advocate .. prior to filing the suit the defendant entered in to the unregistered agreement with the third party in the year of 2005, now during the cross of DW1 may i confront the unregistered agreement and mark as exhibit ?
....and whether this document attracts stampduty and kar stamp act sec 34 and 35?
if confront by the defendant who has to pay stampduty..?

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KISHAN DUTT KALASKAR (Expert) 23 September 2018
Dear Sir,
Yes, it attracts stamp duty provided the defendant wish to rely upon such document.

Kishor Mehta (Expert) 23 September 2018
An unregistered document submitted in the Court as evidence may be impounded.

NAGARAJ (Querist) 23 September 2018
I hv only xerox copy of the Unregistered Agreement .who should pay stamp duty .
Whether who s produce before thecourt or executer of the agrreement.or those who s confront dt agreement

Kishor Mehta (Expert) 23 September 2018
Xerox copies of unregistered documents are not accepted as valid evidence in a Court of Law.

Bhaskaran Advocate (Expert) 15 October 2019
The court if it comes across an unregistered document it can suo motto impound the document and send it for District Commissioner for proper valuation of the stamp duty that it attracts. But the court usually do not do this hence you should seek this filing an application.

Now an unregistered sale agreement cannot be taken into evidence but it can be taken into secondary evidence but only for specific performance of contract.

Only the purchaser is liable to pay the Stamp Duty.

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