BBA LLB 01 July 2021

Agreement issue

I have a friend who had bought a house in Uttam Nagar (New Delhi) and has prepared an agreement of the same. Thou there has been an error in the payment mentioned in the agreement. The numerical value of the Bayana is 2,15,000/- but in words the value is written as "Two Thousand Fifteen Thousand"

I would like to know if this agreement will be upheld by the Court or does he needs to correct it beforehand? As there is a mutual understanding between the two parties but according to law what is Ideal?

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 01 July 2021

1. Registered Agreement must mention proper and exact amount, for it to be legally enforceable, in times of dispute or resale or income tax purposes.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

shivam chaudhary 01 July 2021

file an addendum to the agreement and get that registered as well

Shubham Bhardwaj (Advocate) 01 July 2021

Dear Sir,

What I could understand from your query is that your friend has entered into an agreement to purchase a house in Uttam Nagar. proeprty is bought by getting a sale deed or a conveyance deed registered. From the wordings of your query it seems to me that your friend has only executed agreement and not executed a sale deed because once a sale deed is registered it cannot be easily amended. It can only be amended though a rectification deed and the rectification deed has to be registered. It cannot be amended only an addendum or any other casual document.

But if your friend has only entered into an agreement, then simply execute an addendum correcting the same.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

Disclaimer:- Opinion is only for guidance.