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(Guest)

validity of stam paper land agreement

hello everyone,
please give the suggestion/solutions for bellow..
Mr.x has signed the agreement (stamp paper but not registered) that he will transfer property to my name after property has transferred to his name from Mr.y (real estate person) around 10 year back, (i ve paid 50% of total cost of land)
because of some legal issues with Mr.Y, he was unable complete the land Alienation process for some time, now it has been solved. now land value increased thrice or more so maybe because some understanding b/w Mr.X n Mr.Y, Mr.X is now not agreeing to transfer the land...,
I want to know whether the agreement signed 10 year back is valid document to file case.


Learning

 18 Replies

Pradipta Nath (Advocate)     29 June 2018

Agreement is valid. Though as it is not registered the defendants may challange its validity.


(Guest)
Suggestion for that... please..

Pradipta Nath (Advocate)     29 June 2018

I hope there were witness in that agreement. If they are alive, get their statement affirmed before a Magistrate of First Class, before it is too late. If they are not alive, wait to see what the defendants take defence then decide accordingly.

1 Like

(Guest)
Ok.., thanq sir..

R.Ramachandran (Advocate)     29 June 2018

Mr. Pradipta Nath:  When the querist is asking whether the agreement signed 10 year back is valid document to file case, you say it is valid.

What about Limitation?

 

Pradipta Nath (Advocate)     29 June 2018

Mr. Ramachandra: It is visible that you are yourself an Advocate too. Please with all the very due respect it may have been answered proactively without raising any questions. Apart any other issue if you would like to highlight, will be more than glad to hear for you Sir.

R.Ramachandran (Advocate)     30 June 2018

Mr. Pradipta Nath,

I never open my mouth without loading my brain.  

It is you who said That the Agreement is Valid. 

When I find that the Agreement is 10 years old, I could not but ask a question to the Expert who answered the question. That's why I asked you what about the question of Limitation?

If you are not able to give answer in regard to Limitation, it is OK.  

You say that instead of raising questions, I should have answered proactively.  Once there is a query raised by the Querist, the answer can only be a reactive and can never be proactive.

In any case, if you meant that I should have answered the query straight away, instead of questioning your answer, please take it, that when I raise the question of Limitation, that is equally a kind of answer to the querist.

Pradipta Nath (Advocate)     30 June 2018

Mr. Ramachandran,

Opening of mouth without any etiquette also means over smartness, which should be unloaded immediately.

Your approach is highly irksome and unacceptable, as you are not moving before the Court that you remind the author what he told before. I would have answered to your query without any hurt feeling if this was put without any act of over smartness!

Apart, the rule is same for both. Let the query be raised by the originator himself, you are not anybody’s P.A here.

If you know the answer, straight away add value and do not waste your time in writing so much argumentative way. Please, if you would have been concentrated on providing the value you would have been highly appreciated.  

Please provide value herein, if you have, otherwise don’t waste your valuable time in writing me.


(Guest)
I request both please provide any further suggestions/ options if its there.., please stop irrelevant conversation.., sorry to tell that..
1 Like

R.Ramachandran (Advocate)     30 June 2018

I simply asked : What about Limitation?

Being an expert, while advising, if you have missed a vital point and if I point out the same, that is irksome to you, so be it.  I dont care.

Instead of simply giving your reply to that, you said that I should have proactively answered!  Whether that is etiquette?

I care too hoots for your acceptance or unacceptance of my approach.

When the querist is not aware, expecting him to raise the issue (which as an Expert you yourself omitted to notice) is beyond comprehension.

To point out the error, one need not be anybody's PA. 

If you do not see the value of my interjectiofn and pointing out the folly, the fault is yours and not mine.  

 

R.Ramachandran (Advocate)     30 June 2018

@Vinayananda:  If you file any case on the basis of the 10 year old agreement, you will face the question of LIMITATION, which is very difficult to overcome.


(Guest)
Sir can you elaborate "limitation", I'm not getting so please

R.Ramachandran (Advocate)     30 June 2018

Any case in the Court has to be filed within certain time limits prescribed for them.

Therefore, when you want to go court and file a case on the basis of the Agreement, the delay in filing the case will be a big problem.

Pradipta Nath (Advocate)     30 June 2018

@ Vinayananda: Can you please tell when the breach of contract was communicated to you? Whether thereafter you have send any legal notice to the other party and wheher there any ultimatum was mentioned therein? 

 


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