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What will be the validity of a 100 rs stamp agreement

Page no : 2

kranthi kiran (Works In Judicial Department)     23 December 2009

Limitation for filing a suit for specific performance by Ramaiah is already expired.  Even if  he file such suit, by manipulatinf the document(i.e., by changing date so as to save limitation), the stamp paer, pertains to 25 Years back and with that you can prove that the deed is executed well beforwe the limitaion period started. Coming to the possession and other aspects, the contents of the deed needs  interpretation. If he is interefering with possession file a suit for perpetual injunction.

Kiran P.V, Hyderabad-Ph.9490127914

 

1 Like

Upendra awana (Advocate)     23 December 2009

Mr.Ramaih can not do anything t o you.You are the owner of the land with the possessiion.

Best Regards

Upendra awana

1 Like

rajkumar.vnm.marupeddi (advocate)     23 December 2009

 

I differ to agree with the opinion of Mr.Vishal on the aspect that mere non registration of the agreement of sale do not prevent the buyer to agitate his rights available under the unregistered sale agreement.

1).Even unregistered sale agreement can be admitted and received as an evidence  and the same can be exhibited as document in trial proceedings in a suit filed for specific performance:Section 49's proviso states" Effect of non-registration of documents required to be registered  No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—"

a) affect any immovable property comprised therein, or tc " (a) affect any immovable property comprised therein, or "
(b) confer any power to adopt, or tc " (b) confer any power to adopt, or "
(c) be received as evidence of any transaction affecting such property or conferring such power, tc " (c) be received as evidence of any transaction affecting such property or conferring such power, "
unless it has been registered:
[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]tc "1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]"
 
 

 

 

4). Regarding whether your buyer has got any rights under his 25 year old agreement of sale:
 

 

 

 

2). An agreement of sale engrossed on Rs.100/- Non-Judicial Stamp Paper is undoubtedly valid at law and same can be received by Court and mark the same as Exhibit
   
i). If he assigns good and sufficient convinciing reasons for his delay  for not demanding you to execute and register sale deed, there may be chances of success in the litigation.

 

 
3).It all depends on the construction of the recitals of the sale agreement. if there is not date mentioned. The limitation begins to run from the date of first demand/ refusal and one has to file suit within the period of three years from the date of demand/refusal
ii). Further more,  you have not stated whether you whispered about the earlier agreement of sale in the sale deed registered infavour of third pary. What did you recite in the registered sale deed with regard to handing over the Original link Sale Deeds. Did you mention the link sale deeds are missing.
iii). Are you residing in the same address since from the date of agreement..  Enquire about any court proceedings already initiated by agreement holder to ensure that he did not obtain exparte decree against you. In such an event your subsequent registered sale deed may be set aside.
However, I do agreewith my learned friends' opinion that inordianate delay of 25 years will definitely disentitles the buyer to enforce his rights for  specific performance of agreement.  
 
 
 

 

1 Like

J.D.Sharma (lawyer)     23 December 2009

dear Raghavendra

don't you worry about the agreement. it has got no value in the eyes of law. Had he case been that the person claiming under the agreement also had the possession of the property case would have been otherwise, but as you have told possession is still lying with you, so no need to worry. the agreement is barred by law and its making or non making on stamp paper doesn't make any difference.

the citation and the case which one of my ld. friend has cited relates to refunding of stamp papers, which can be refunded any time no matter how long the time period is, as per the judgement. But  same cannot extend the time period or otherwise bypass the limitation law, which provides three year span on the claim based on the written instrument.

 

1 Like

Raghavendra (Sr QA Engineer)     27 December 2009

Thanks one and all for all your time and support

s.chandrasekar (consultant)     08 August 2010

Predominantly in all families, many details on Will, Bank depoists, money lent outside without agreement and property deeds are just kept secret. After several years, when there is a need for the family legal heirs to take up the documents, many unnoticed loopholes erupt.

Mr.Ragahvender's case is an example. Always keep a copy of family ration card, Voter ID Card, Passport details, or first page of Bank passbook with nominee name filled.

When a land document is handed over for registration or after receiving token advance, let there be a definite clause that 'In the event of the payment not made before DATE, the land owner and the undersigned has every right to deal with the property and any suit on the said property will not be entertained'.

TODAY'S PROBLEMS ARE DUE TO YESTERDAY'S WRONG DECISIONS.

krantiveer (Advocate)     08 August 2010

The agreement on a Rs 100/- stamp is valid no matter how old it is, provided both the parties to the agreement are honest. The agreement either oral or written or registered has to be cancelled in the similar way before witnesses, if you do not want to observe the agreement. As far as resale of the same property is concerned the vendor must approach with clean hands. The vendor is aware about the agreement and has handed over the original papers to the purchaser, in that case the property has a weak title in the eyes of banks. Every agreemt or sale deed has a clause which mentions that the vendor has not entered into an agreement with any other person prior to this agreement, have you mentioned this. You must give proper notice to the previous buyer of your intention of cancelling the agreement with him, as you have accepted consideration from him which is reasonable. Just a paper notice in one news paper is insufficient, more over you had 25 years time to trace his where abouts in this internet world. Other facts come within the arguments of civil procedure. GOOD LUCK.

Basavaraj (Asst, Manager-Legal)     20 August 2010

Dear rajkumar.vnm.marupeddi, I deny your advise posted in this query.

Wherein unregistered sale deed -admissiblity in evidence. He Hon;ble SC has held clearly that it cannot be treated as evidence.

 

See IN K.B.Saha & Sons Pvt Ltd V/s Develpoment Consulatant Ltd

(2008) 8 SCC 564

Kalavakurthi Ventata Subbaiah v/s Bala Gurappagari Guruvi Reddy (1999) 7 SCC 114

 

Regards

Basavaraj.R

Deekshitulu.V.S.R (B.Sc, B.L)     04 September 2010

You have to read Art.54 of Limitation ACt and Sec. 16 of Specific Relief Act  together. Then decide under which of the limbs you come under. If no period of performance is fixed, then the purchaser can call  upon you at any time in is life time to registered the document in his name. There are cases I have seen decided by High Courts there the suit for specific performance was filed even after 36yrs.

Nazia Tabassum (Asst Manager - Finance)     29 March 2013

what is the stamp duty applicable for a Liaisoning agreement to be legally enforceable ?

satd56   26 December 2015

Its regarding "sale of aggrement",buyer is asking for sale of aggrement for bank loan where in he wants to quaote lesser price of the property for TDS purpose,also said like he woulld be benefited at the time of registration etc.But  promised to pay actual price which we spoke prior and paid token amount too.Is it safe for me to sign on sale agrrement(100rs bond) as per his requirements. 

Please reply ASAP

THANK U 

Dorethea Gayheart   11 January 2016

It is a judicial stam paper and you can sue the other person on the behalf of this stam paper. 


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