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should agreement be registered?


 Should Agreement for sale be registered before it can be admitted as evidence? Also should stamping be done immediately on signing agreement  or can it be done after suit has been filed?

 

 
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Advocate

No registration is not required

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Anya ji,

Keeping in view present situations in property deals, it is better to register a sale deed before presenting for evidence eventhough registration is not compoulsary. 


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advocate

agreement  for sale not required to registered. You can file the case on the basis of the agreement for specific performance

subhash kumar, adv


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Works In Judicial Department

A mere agreement of sale does not require registration. What it requires is, execution on a sufficient stamp paper. It is admissable in evidence. But if the possession is deliverd through the said agreement, it requires registration and will be treated as sale deed. Stamp duty will be collected as if a sale deed.


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 Thanks. I am just looking at all the points.  A suit has been filed against me (actually my husband) for specific performance. 

 

 

 

 

 

 
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Manager-Land

 Agreement to sale should be registered as it would make the intending purchaser of immovable property more secure. Rate of stump duty and registration fees are different in different states. In Assam, stamp duty is charged @ 6% of the settled amount, if the intending purchaser is male and 5% if it is female. Rate of Registration Fees is as per the slab approved and declared by the State Govt. Generally, stamp duty and registration fees are charged at the time of execution of FINAL SALE DEED and not at the time of registration of Agreement to sale rates of which are different and can be gathered from concerned Sub-Registrar. Being in Land Dept. of OIL INDIA LTD. , we usually follow the above procedure.

Dilip Kumar Borah,  


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 Hi Again ..

Sorry, after going through various opinions on this forum I am getting conflicting answers:

The Agreement of sale has been executed in Maharashtra.

http://igrmaharashtra.gov.in/FaqStampDuty.aspx#3

The buyer has not stamped document properly and has paid insufficient stamp duty. 

The buyer has not registered the Agreement.

Can this agreement be admitted in evidence?

 

 
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 Dilip, just saw your reply. Thank you.

In the above link I sent, it says that the Agreement for Sale has to be stamped otherwise no evidentiary value. Is that correct?

 
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Advocate

If someone is relying upon an agreement for for sale for suit for specefic performance of contract and consequently getting it registered then the sale agreement would not be formally exhibited unless the full stamp duty is to nbe paid on the suit property. In other words mere non-registration would not make it inadmissible for formal froof if the stamp duty is paid even at that time.


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