notarised agreement to sell of immovable property have evidentiary value in court

Hi dear Lawyers, pls sort out a query.
If there is an agreement to sell of an immovable property which is NOTARISED ,then in case if dispute arise ,whether that notary agreement have evidentiary value or not in court for specific performance of contract..?

What  is your real problem?  where the property is situated? In most of the States, Agreement to sell is compulsory registerable document. On which value stamp paper was used for the document?  State full facts.


property is in Noida ,U.P ,we have paid 7 lac advance by cheque and signed a agreement to sell that is Notarised Agreement not registered,now he is not returning money and he don't want to sell property . somebody told me as per registration act and T.P Act , transaction related to Immovable property shall be in registered agreement . so I am confused whether Notarised Agreement have evidentiary value or not in court. if Notarised Agreement don't have evidentiary value in court then what is the purpose of notarised agreement..

100/- value stamp paper
Reply Mumbai : 9820174108

1.  It is mandatory to pay Stamp Duty on the rateable value of the property & Register ANY agreement for immovable property.  In Notary-Registration, said Stamp Duty in Full is not paid and Registration fees in full is not paid and neither it is known or taken on Govt. record.  Hence Notarised Deed's have no legally enforceable value.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents. 

3.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal




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