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Jayanti Devi (Student)     29 June 2025

Unregistered sale agreement

can an unregistered agreement for sale be presented as an evidence in civil court in a money suit case ?

does court have the authority to impound the agreement for non payment of stamp duty even if it is presented as a collateral purpose ?

 



Quick Summary
An unregistered sale agreement can indeed be presented as documentary evidence in a civil money suit, particularly to acknowledge receipt of an advance payment upon cancellation. While it serves as evidence of money received, it's not considered an enforceable instrument, meaning stamp duty may not be required for its presentation as evidence. The court may have the authority to impound such an agreement for non-payment of stamp duty, even when presented for collateral purposes.

 6 Replies

Dr. J C Vashista (Advocate )     29 June 2025

  1. Yes
  2. No

T. Kalaiselvan, Advocate (Advocate)     29 June 2025

Yes, an unregistered sale agreement can be a documentary evidence in a money suit. to recover the advance amount upon cancellatioon of the sale agreement because the money received towards advance  has been acknowledged in the unregistered sale agreement hence it can be considered as a receipt for the money received.

This is a documentary evidence and not an enforcebale instrument hence there is no necessity to pay the stamp dutuy for this piece of evidence.

You have posted the same query in many threads of this forum in the past but seems you are not satisfied with the replies received hence you are resorting to repeate the same question again and again.

Dr. J C Vashista (Advocate )     29 June 2025

The author has been posting similar hypothetical queries on daily basis.

P. Venu (Advocate)     29 June 2025

You are a student. Why don't you search the solutions yourself?

Jayanti Devi (Student)     29 June 2025

ok, I shall follow as advised

Dr. J C Vashista (Advocate )     30 June 2025

The author is stubborn to post one or other question paper before the experts without doing research work on the problem /issue, as observed from her profile,.


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