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Dr. Amit Gupta (Scientist)     11 August 2013

Gpa, sale of flat in second, sale agreement.....

Dear All

i need urgent help on following issue:

My father in law expired last year and one of the property in BHOPAL, MP, is under construction.

Registrary is under the name of mother and father in law both.

Mother in law wish to sale it.

An agreement on April 2013 was made by her alone (she has two married daughters) in stamp paper of 100/-.

Now buyer has paid the half amount as per agreement but not interested in buying flat and has discussed with lawyer and bank and coming to us with following issues:

1. Agreement is invalid as it must be on 1000/- paper with mother in law and both daughters (as per the last year new rules).

2. Bank asks power of attorny papers from builders which builder is not entertaining.

I have following answers on this:

1. what is the validity of agreement?

2. i have given offer to deduct 1 L from the amount he has paid but he needs complete amount which she can not pay as she has already paid brockarage and 6 EMI during this period and lost few other customers.

PL SUGGEST..................


 1 Replies

niranjan (civil practice)     11 August 2013

1.Sale agreement if it speaks of consideration paid,requires compulsory registration with appropriate stamp duty. That stamp duty was required tobe paid by the purchaser,so i was his fault for not getting it registered

2.If there is condition of cancellation of agreement on deduction of deduction of some amount you can rely on that.

3.If he cancels the agreement it is your right to ask for damages.

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