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Abhishek Jhunjhunwala   05 November 2019

Unregistered document

Dear Sirs, My company executed a deed of assignment ( he had a consent decree for it) with a person to buy his property for rs. 20 lacs. i had paid rs. 18.0 lacs and the last payment was made in oct 2017. seven days alter when i asked him to register the property he went quiet. later, after 2 months i got to know he sold the property to some other company and registered it. i hold an unregistered deed of assignment on rs. 5000 stamp paper i applied for an injunction at the district order but was turned down as the document was not registered. a) is it true that if i file a specific performance amendment to the prayer citing that i am ready to pay stamp duty that the document will be allowed? b) under what circumstances does the court impound the document.? c) even after paying the stamp duty and registring the document what is my legal status? d) what is the best course of action for me?


 2 Replies

Sb Karma   05 November 2019

Originally posted by : Abhishek Jhunjhunwala
Dear Sirs,

My company executed a deed of assignment ( he had a consent decree for it) with a person to buy his property
for rs. 20 lacs. i had paid rs. 18.0 lacs and the last payment was made in oct 2017. seven days alter when i asked him to register the property he went quiet. later, after 2 months i got to know he sold the property to some other company and registered it. i hold an unregistered deed of assignment on rs. 5000 stamp paper

i applied for an injunction at the district order but was turned down as the document was not registered.

a) is it true that if i file a specific performance amendment to the prayer citing that i am ready to pay stamp duty that the document will be allowed?
b) under what circumstances does the court impound the document.?
c) even after paying the stamp duty and registring the document what is my legal status?
d) what is the best course of action for me?

 

You said that district court turned down.....frown

So now try to established that you have paid amount to him...and asked to your lawyer and demand reply from him why he accept that amount from you....of-coursr there was a motive for that amount....right

So try to established the fact that you have paid amount to him[show a/c statement,cheque details etc...] if you success to established the fact that you have paid him 18Lk you will able to go further....

This type of case can't be solved by online please go through good local lawyer who will help you better.

Wish you get remedy soonyes

 

Nilesh P   06 November 2019

Kindly share the copy of order passed by District Court

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