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RajaRajachozhan (retired )     07 June 2020

Agreement to sell (sale agreement)

1) Whether the Sale Agreement can be in a non judicial stamp paper ( of value Rs.20) 2) Whether the Sale Agreement has to be Registered in Sub Registrar’s office? 3) If it is an unregistered document, in case violations of agreement, whether the aggrieved party can sue the defaulter in a court of law?


 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 June 2020

Agreement to sale can be on Non Judicial stamp, defaulter can be sued on the bases of unregistered agreement to sale.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 June 2020

Originally posted by : RajaRajachozhan
1) Whether the Sale Agreement can be in a non judicial stamp paper ( of value Rs.20).....Yes
2) Whether the Sale Agreement has to be Registered in Sub Registrar’s office?....Registration of Sale Agreement is optional
3) If it is an unregistered document, in case violations of agreement, whether the aggrieved party can sue the defaulter in a court of law?....Yes but that unregistered Agreement may be  considered as evidence of collateral facts or for any collateral purpose, that is for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property  in a Suit for Specific Performance.

 

P. Venu (Advocate)     08 June 2020

What is the nature property involved - moveable or immoveable?

RajaRajachozhan (retired )     08 June 2020

Respected Advocate Sri. P.Venu Sir, It is immoveable property - house property.   Thank you.

I take this opportunity to thank Adv  Sri Deepak Joshi and Lawyer  Madam Sinjari Bannerji for their reply

Regards 

RajaRajachozhan

1 Like

Dr J C Vashista (Lawyer)     09 June 2020

Originally posted by : RajaRajachozhan
1) Whether the Sale Agreement can be in a non judicial stamp paper ( of value Rs.20)
2) Whether the Sale Agreement has to be Registered in Sub Registrar’s office?
3) If it is an unregistered document, in case violations of agreement, whether the aggrieved party can sue the defaulter in a court of law?

Point wise answer to your questions is ;-

1. Value of Stamp paper differs from State to State, which is atleast Rs. 100/- in almost all States.

2, It is optional, however, for registeration of agreement to sell it will attract stamp duty as fixed percent of consideration (4% in Delhi) as well as registration charges are required to be paid. 

3. The agreement (registered or unregistered) can be enforced by Court for specific performance of contract.. 

 


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