brsasireddy 29 November 2021

Unregistered sale deed

GM All,

I have a farm land in Tamilnadu, my brother owe some money to his friend and my brother is no more. His friend is filed suit against my mother for the same farm land with unregistered sale agreement. Can you please help me here,

1. Unregistered same agreement created Jan 2014 is valid? he is filing now.

2. He mentioned the land bought by for 7L and paid 6.5L ( All fake - no check and no one knows how he paid)

3. We never made any sale agreement with the person. We even do not know who is that person (my brothers friend created some fake person for this and he cannot file by himself as he is a doctor).

What is the validity of his suit for unregistered sale agreement (faked one) done in 2014 and filing case now? Also no proof how he paid 6.5 lakhs (of course we never received this ) all fake.

Can you please let me know what is the strength of his case?

Thanks

Tha land values lot now.

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 29 November 2021

Hello,

The case is filed and as per facts stated by you, you have good case against the petitioner. So appoint advocate and contest the suit filed by him.

brsasireddy 29 November 2021

Thanks for your quick response. My time is precious and do not want to distract on this kind of useless things. Can I file a forgery suit on him?.

Shubham Bhardwaj (Advocate) 29 November 2021

Dear Sir,

I am in agreement with learned advocate Sh Pawar. As per facts narrated by you, the case is good to defend. So hire an advocate and defen.

Further, if you are absolutely certain that the agreement is a forged one, then file a complaint to police. If police does not take any action then file an application u/s 154(3) to Superintendent of Police for action. If no action is taken, then file Application under section 156(3) Cr PC to Judicial Magistrate First Class under the relevant provisions. Your counsel will guide you through the relevant provisions.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

P. Venu (Advocate) 29 November 2021

Yes, the unregistered sale deed would not be marked in evidence in a civil proceeding.

Raghavendrahari.N (Self Business) 14 June 2022

An agreement to sale requires registration as per article 5 BB of the indian Stamp act. An unregistered agreement to sale is not admissible in a suit of specific performance. Section 53A of T P Act has been amended on 24-09-2001 and after that specific performance on basis of an unregistered sale agreement is not allowed.

Read more at: https://www.lawyersclubindia.com/experts/can-an-unregistered-sale-deed-be-construed-as-an-agreement-for-purpose-of-specific-performance-suit-303071.asp