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validity of unregistered agreement to sell

Querist : Anonymous (Querist) 05 March 2010 This query is : Resolved 
hey..canan unregistered agreement to sell be specifically enforced against a seller who refuses to give possession of a flat for which full payment has been mande by the buyer????
A V Vishal (Expert) 05 March 2010
Without payment of the requisite stamp duty and registration the unregistered agreement of sale cannot be admitted as evidence in the court of law. However, since complete payment has been made and you might have the receipts thereof, you can give a legal notice to enforce the agreement and in case no reply is coming forth you can file a civil suit for specific performance.
Querist : Anonymous (Querist) 05 March 2010
thanx a lot Vishal....futhermore the agreement to sell is on a non judicail stamp paper of Rs. 10...is that valid??? and how many witnesses are required to sign this document???
Heaven 2011 (Expert) 05 March 2010
Yes it is valid. Two witnesses.
Querist : Anonymous (Querist) 05 March 2010
thanks asish...
A V Vishal (Expert) 05 March 2010
It is not valid on a Rs.10 NJ stamp paper. It is understamped.
A V Vishal (Expert) 05 March 2010
If relating to construction of a house or building including a multi-unit house or building or unit of apartment / flat/ portion of multi-stored building or for development / sale of any other immovable property: Five rupees for every one hundred rupees or part thereof on the market value or the estimated cost of the proposed construction / development of such property as the case may be, as mentioned in the agreement or the value arrived at in accordance with the schedule of rates prescribed by the Public Works Department Authorities which ever is higher.
Raj Kumar Makkad (Expert) 05 March 2010
Definitely it can be enforced. Generally agreement for sale are not got registered and all of those are got executed by way of filing suit for specific performance.
Parveen Kr. Aggarwal (Expert) 05 March 2010
An agreement to sell need not be compulsorily registered. An unregistered agreement to sell is enforceable.

Regarding Stamp Duty, the different States in India have substituted their own schedule in place of Schedule I to the Indian Stamp Act, 1899 and in some states an agreement to sell executed on a Non-judicial stamp paper worth Rs. 10 is appropriate.
nishad (Expert) 06 March 2010
An agreement to sell need not be necessarily registered...suit for specific performance of the contract is what u needed
Heaven 2011 (Expert) 08 March 2010
But if we follow the provision of Section 17 of the Registration Act, there it is clear that the registration is mandatory. If for any dispute the matter goes to court woild it then be acceptable?
Parveen Kr. Aggarwal (Expert) 09 March 2010
Section 17 of the Registration Act, 1908 is not applicable to an agreement to sell as an agreement is not an instrument creating, declaring, assigning, limiting or extinguishing in itself any right in an immovable property but creates a right in favour of the vendee to obtain another instrument (sale deed).


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