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Shiddhartha Banerjee   30 September 2017

Execution on stamp paper

There was as an unregistered Sale areement on Rs.10 Stamp paper. A Stamp paper was purchased in name of the Advocate 'X' and the sale agreement was drafted and signed by Advocate 'Y'. 

Can we say the sale agreement's execution is valid in the eye of law. 

If not under which provisions of law and kindly provide case reference/judgements.

 



Learning

 6 Replies

manoj   01 October 2017

call me to my cell no 8686159292 to solve your query

Siddharth Srivastava (Advocate)     01 October 2017

If an agreement is executed and signed on a simple paper then also the agreement is valid and binding on parties to the agreement if it fulfil the requirement. Stamp paper and registration etc. are subsequent steps and if there is any defect then the same can be cured. So bases on your query the agreement is valid if other formalities are complete.
1 Like

Siddharth Srivastava (Advocate)     01 October 2017

If an agreement is executed and signed on a simple paper then also the agreement is valid and binding on parties to the agreement if it fulfil the requirement. Stamp paper and registration etc. are subsequent steps and if there is any defect then the same can be cured. So bases on your query the agreement is valid if other formalities are complete.
1 Like

P. Venu (Advocate)     01 October 2017

Yes, the defect appears to be formal anc could be ignored/cured.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

It is valid but you will have to pay the stamp dutyon that if the case is filed and if you want to get it exhibited.

P. Venu (Advocate)     02 October 2017

Learned Adv. Mr. Rajoo:

In my humble opinion, Law cannot that much blind and inequitous. 


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