unregistered agreement to sale and sale deed


Hello. I had a some questions about unregistered agreement to sale and sale deeds :

1)  Is an agreement to sale indication of a sale or does it merely indicate a willingness to sell/purchase at a later date? As per my understanding, if the agreement to sale is unregistered then the only available remedy is under specific performance act?  If specific relief is granted by a court, then is it still necessary to register a sale deed?

2)  If the amount of consideration stated in the unregistered agreement to sale is 8 lakhs, but in the registered sale deed it is 2 lakhs, then shall the amount mentioned in the unregistered sale deed be accepted as evidence in court or the registered sale deed amount?

Thank you.

 
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subregistrar/supdt.(retired)

It is an academic query.  An agreement to sell are two types, 1.agreement to sell without possession and 2.greement to sell with possession.  With possession, the period registration of sale deed and consideration shall be noted in the document and property will be handed over to the buyer. and requires registration.  without possession the property will not be transferred. only amount of advance and period will be noted.(2) stamp duty shall be paid on the value of consideration or value or price noted in the document or market value as per department whichever is higher.  the stamp duty vary from one State to other state.

 
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FIN

The parties to agreement to sell i.e; seller(s), Buyer(s) can agree by their sweet will to alter the conditions in agreement…………………

The stamp duty, Govt. FEE etc are outside such scope.

So the sale deed may be for Rs.2lacs but the duties cannot be less than govt/circle/revenue rates.   

 
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