Unregistered agreement to sell for immovable property.
Sameer
(Querist) 16 July 2012
This query is : Resolved
Dear All,
I have entered in an agreement to sell my land with one person the land was in many parts(Survey Number)hence as the payments was cleared i had sold the land to that person but at last two instalments were not paid by him and now he is pressing me to take that instalment amount now and make sale deed in his favor, what shall i do, the agreement to sell is on 100 Rs Stamp and not registered
does the agreement to sell will be enforsed by court, what shall i do,as written on the stamps he has not paid me the instalments.pls help.
Devajyoti Barman
(Expert) 16 July 2012
The query is not clear to me.
The unregistered sale agreement is enforceable in court but subject to payment of stamp duty when the court impounds the same.
Sameer
(Querist) 16 July 2012
QUERY IS THAT I HAVE ENTERED INTO AGREEMENT TO SELL THE LAND WHICH IS UNREGISTERED HE HAD NOT PAID ME THE AMOUNT OF INSTALMENT AS AGREED IN THE AGREEMENT AND HE NOW WANTS TO PAY THE WHOLE AMOUNT AND REGISTER THE SALE DEED, I AM ASKING THAT THE AGREEMENT WHICH IS NOT REGSITEDERD IS VALID OR NOT.
ajay sethi
(Expert) 16 July 2012
when was agreement for sale entered into? registration of agreement can be done within period of 4 months . on payment odf penalty further 4 months is provided for .as far as stamp duty is concerned document is not properly stamped . you cn ahave document adjudicated pay proper stamp duty
or you can eneter into deed of sale have it properly stamped and regd .
Adv.R.P.Chugh
(Expert) 16 July 2012
It is indeed Valid, but subject to, as learned Burman Ji said, to payment of stamp duty.
Nadeem Qureshi
(Expert) 16 July 2012
Dear Querist
as per your information you are fulfill your part completely but the opposite party could not pay the installments on time to you. it's depend on you only if you are ready to accept the payment you can accept and execute the sale deed in his favour otherwise you can cancel the agreement but it is subject to the prior action has been taken by you, any notice sent by you or not, any written information or notice with the installments sent to you by opposite party, any many more questions may be arise.
Feel free to call
Raj Kumar Makkad
(Expert) 17 July 2012
I completely do agree with Nadeem. If you do agree to accept now, let the registered deed be got executed in favour of the buyer and if not then issue him legal notice intimating him that his earnest money stand forfieted due to non completion of his part of payment of installment.
