Onkar Kumar (Administrative Officer) 05 April 2013

Agreement on non judicial stamp

Dear Sir

I have negotiated a land with a broker who had a agreement on non-judicial paper with land owner. I have paid approx total consideration amount to broker in good faith and without agreement as he had told me that he will arrange registry within a week. Since then more than 3 months has been elapsed but registry could not be took place due to the reason that land owner is not giving time to appear in the registry court as he live out side the state. The date of registry is extending.

My question is (i) Can i make an agreement with the broker on non judicial stamp paper as on today for those transaction of money which have already taken place 3 months earlier to secure my money. (ii) Can agreement be made on plain paper in back date?

Pl advice me.

Thank you

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2 Replies

Neha Chowdhary (Law Officer ) 05 April 2013

(1)I have a question.....if u have receipt of payment made to broker....what mode u opted to pay said Broker?

(2)u can made agremnt in today's date...in that specifically mention clause of Consideration.....in that mention....An amount of Rs.___________ (In Words___________) paid to the broker on _______(date ______) towards earnest money......or Advance receipt of same is acknowledged by the broker.

(3) Now in this agrement only bound him in time limit....as the said broker agreed to execut registery for said plot within a period of 3 months...(this period already elapsed in ur case)...on failure of which the buyer(YOU) will be entitled to initiate further steps for registry. (If you wish...u can also ask for refund of amount paid to him...with Interest).

(4) dont execute ur agreement on Plain Paper....Non-Judicial stamp will do....but....in case u wanna secure urself further....atleast get that notarised....

Onkar Kumar (Administrative Officer) 05 April 2013

Thank your sir

I have paid some money (about 30%) in Cash and rest by online transfer directly from my self and my wife's bank account to broker's bank account for which i have electronically generated receipt.

As per your opinion, I can make aggreement on today's date mentioning amount paid date by date giving three months time to execute registry. I should notorised the agreement? Pl. guide me.

Thank you