kishore kumar 09 May 2022

notarized agreement on 1000/- Stamp with witness

pl let me know, if a agreement done between 2 parties on a 1000/-Rs Stamp in front of notary with witness, is it legally valid or not ,in case of dispute reach civil court? court said that it is not a registered agreement and stop hearing and give time to layer to show related law/rule/ref etc. pl help.
thanks.

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10 Replies

G.L.N. Prasad (Retired employee.) 10 May 2022

Unless an agreement is registered as per law it may not be enforceable as per local laws. Contact a local advocate show him the type of that agreement and take his guidance for a remedy.

kishore kumar 10 May 2022

Thanks a lot for Reply Sir, pl let me know ,how can this agreement can be registered now? opposite party is non traceable,legal notice by advocate and court were returned undelivered.paper publication also done by court. now what to do?

R Venkateshwarlu 10 May 2022

It is necessary to pay fee for impound the said document before the court, then only that document may be marked as evidence, you can file a petition for impounding of that agreement and with the permission of court you can pay impounding fee and penalty

SHIRISH PAWAR, 7738990900 (Advocate) 10 May 2022

Hello,

Yes, you have to make an application for impounding the documents. So the court will impound the document and send it to the collector of the stamp for adjudication of stamp duty. You have to pay the stamp duty accordingly.

kishore kumar 10 May 2022

thanks a lot Sir.

P. Venu (Advocate) 10 May 2022

It is not necessary that every agreemen be registered. Section 17 of the Registration Act specifies the documents which are required to be registered.

Any suggestion depends upon the transaction involved in the agreement. Please post the facts.

kishore kumar 10 May 2022

Thanks Sir,
X person taken money to complete his half constructed house and he signed a agreement and handover the original papers as guaranty. he agreed that if he could not return the money on time he will transfer said half constructed house on Y name. now X person is disappeared without paying the loan amount. legal notice and court notice returned undelivered from all addressee. paper publication also done from court end. at the time of producing the evidence , court said this notarized agreement should be registered or show any rule/act/law to accept such evidence .
Pl suggest Sir.

Dr J C Vashista (Advocate) 11 May 2022

What is the subject / title/ prupose of the agreement to determine its compulsory / optional registration ?

No agreement (in any State of India) prescribe stamp paper worth Rs. 1,000/-

Show the document of agreement to a local prudent lawyer for appreciation of facts, which are vague in this post, professional advise and necessary proceeding.