Amit D 08 September 2024

Difference between only signing on a stamp paper and signing on a stamp paper with notary signatures

I have some agreements I signed with my brother - all on Stamp Paper - I have dispute with him now:

An agreement with him with the title "Affidavit" signed by only me (no witness)
Read more at: https://www.lawyersclubindia.com/forum/create_message.asp
An agreement with him with the title "Affirmation" signed by only me(no witness)

It all concerns flats owned by our parents. No will is there. I now find that the agreement is not notarized something else was notarized that has no value to me.

Is there a difference in an agreement with real estate involved in it if it is notarized or not? And it is only signed by me and he never signed it but he used it and benefited from it. It is also not registered.

Reply Follow

Quick Summary

This discussion explores the crucial difference between agreements signed solely on stamp paper and those that are notarised. It highlights that an agreement, even if signed, may be invalid if it lacks clarity, specificity, and proper execution by all parties. The presence or absence of a notary signature can significantly impact the legal standing and enforceability of documents related to property disputes.

3 Replies

Dr. J C Vashista (Advocate ) 09 September 2024

Both types of agreements are invalid despite the fact it has been signed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 September 2024

An agreement should be: 1. *Clear*: Easy to understand and free of ambiguity. 2. *Specific*: Clearly define the terms, conditions, and obligations. 3. *Concise*: Brief and to the point, avoiding unnecessary complexity. 4. *Comprehensive*: Cover all essential aspects and contingencies. 5. *Fair*: Equitable and reasonable for all parties involved. 6. *Legal*: Compliant with relevant laws and regulations. 7. *Signed*: Executed by all parties with the authority to do so. 8. *Date*: Include the date of execution. 9. *Defined terms*: Clearly define technical or specialized terms. 10. *Obligations*: Clearly outline the responsibilities and expectations. 11. *Dispute resolution*: Include a process for resolving disputes. 12. *Termination*: Outline the conditions and process for termination. Remember, an agreement should be a clear, concise, and comprehensive document that protects the interests of all parties involved. It's always a good idea to have a legal professional review and provide guidance on the agreement.