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ss_india2001 (TA)     29 November 2010

Should a sale agreement be registered

I am purchasing a flat, which a land owner's share. There is a sale agreement between me and the owner, with builder as guaranter. The builder doesnt want to register the sale agreement. Is it necessary to register the sale agreement. He only wants to register the sale deed. Is there a way owner can contest the sale agreement in court.

 

-sachin



Learning

 11 Replies

G.Padmanabhan (Advocate)     29 November 2010

It is not mandatory to register a sale agreement. It is only optional. One can sue on one's right under the sale agreement, in case of breach of any of the conditions mentioned in the sale agreement.

suresh (Advocate)     29 November 2010

hi,

It is not mandatory to register the sale agreement, but sale agreement should be stamped according to the stamp act.

parties have every right to sue other parties on the breach of the agreement,

If it is not properly stamped, cout will put fine, Then only court will consider the agreement.

regards

suresh.nv

indeep (advocate)     29 November 2010

get it notarized from notary public, that is sufficent.

Bharatkumar (ADVOCATE )     30 November 2010

In Gujarat it is compulsory to registerd the Agreement for sale, and it is necessary for all parties.  

niranjan (civil practice)     30 November 2010

Yes, Mr.Bharatkumar is right. It is State amendment and one should find whether there is any such amendment in his State.

SACHIN AGARWAL (ADVOCATE)     02 December 2010

I agree with Mr. Bharat Kumar and Mr. Niranjan. In U.P. also, it is necessary to be registered.

sanjay (other)     28 December 2010

Is it mandatory in Karnataka to registerd the Agreement for sale?

suresh (Advocate)     30 December 2010

Dear Mr,Sanjay,

It is not mandatory in Karnataka, but it is stamped according to the

Karnatak Stamp Act.

y haraharanathbabu (practing law)     31 December 2010

Hai suresh,

It is true that no mandatory to register the sale aggreement. Is there is any citations regarding to the  aboe case. If any please...

Harish (SE)     19 April 2013

To withdraw PF as non-refundable loan, REGISTERED SALE AGREEMENT is required. Does this mean the sale agreement has to be franked with Stamp duty (o.1%) of the sale value?

k.n.VIJAYAKUMAR   18 February 2016

Sir, I have a small doubt. If the agreement is  even stamped etc according to the law , by payment of the correct fees it is ok. How to prove that the buyer  or seller signature is correct? If this is registered in frnt of registrar -no body can say anything , as registrar, takes a picture./ takes ID proof etc, the parties also sign in front of them , where as in the e stamped agreement for sale -

there is every chance that one of the party can say this is not mi signature. I have not signed. In this case what to do???


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