Sale agreement on rs.100 stamp paper

Since the agreement speaks about your brother paying you Rs. 10 Lakhs. that sum is paid to you by cash or cheque???? please confirm what you have mentioned???

further, if thats the family arrangement, then you need to get a seperate relinquish deed from your brother by which he shall relinquish his rights in the said property. In that case your brother won't be able to do anything against you.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Respected Advocate  Rohit Dalmia,

Thank you very much for your prompt reply. 

He has never paid me any money but in agreement it is mentioned that he has paid total consideration of 10 Lakhs and mode of payment is not mentioned.  And this is self acquired property by me..

It is drafted like a sale agreement between two parties not as a family arrangement.

Awaiting for your reply.

Thank you,

Hanumantha

As you said that you had a family partition. and you have transfered the house in your brothers name as per the family arrangement. if it was a verbal arrangement, then kindly put the same in writing or get a relinquish deed signed by your brother, that as per family settlement/paertitioni am relinquishing my rights in so and so properties(kindly insert the details of those properties).

Do get the said relinquish deed made by the lawyer.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Respected Advocate  Rohit Dalmia,

Thank you very much for your time.

All the ancestral properties are partiotioned with a separate partition deed.

This sale agreement is drafted separately and not registered as there was problem with land survey number. I did not give him the posession yet.

Now the question is :

Can he ask for "Specific performance" without showing the proof of payment. And also one witness in my favour will say that no payment was done during the time of agreement.

Thanks,

Hanumantha.

I think what you mean to ask is :-

a) Whether a Suit for Specific Performance can be filed on the basis of a 100 rupee stamp paper agreement ? 

b) Whether he needs to prove the factum of payment before he files it ? 

The answer to the first question is YES, and to the second question it is NO, for the simple reason that the document itself documents that the money is PAID, and not that he is to pay the same. Obviously you can try defending the suit by saying that no consideration ever flowed, however the burden would be on you to prove, because the document says to the contrary. 

As far as i can gather 10 lacs was supposed to be the full and final consideration. 

The case would turn one way or the other on the basis of witnesses's testimony - how credible they appear to the court and other factors.

Good Luck !

Bharat Chugh

Advocate Supreme Court of India

Thank you very much  Advocate Bharat Chugh,

Can I question him for his source of income, as we were joint family till that point and no major source of income for him.

If case turns against me, can I have an option to pay 10L amount and keep the house with me ?

And what is the validity of agreement after Dec 12 (time mentioned in the agreement)

Please answer my querries

1. Your brother would have to prove his capacity to pay the entire consideration at the time when it was to be made, and continuing capacity even now, if some amount remains to be paid. 

2. If the court finds that there was a contract to sell, you broke it, and your brother was and is ready - that's the end of it, you won't have the option to give back 10 lacs and retain the house.

Specific Peformance of Contract is all about equity there may be circumstances such as unfair advantage, inequity which may make court refuse the specific performance. 

Consult a local advocate.

Bharat Chugh

Advocate Supreme Court of India/Delhi High Court

bharat.law06@gmail.com

Hi Sir,

Actually we are staying outside india. And we are buying a land in my native (tamilnadu).

We need to postpone the registration as we are not able to come now. So we planned to do a sale agreement to prove the we settled the amount to the property owner.

The broker is charging 5000 for the bond papers. But we heard that it will be around 250 to 500.

Can you please clarify this?