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Validity of Sale agreement on Rs. 100 Stamp Paper

Page no : 2

Arun Pandey   31 October 2015

Hi,

I am Arun and I have booked a flat in Panvel. The builder has given me an agreement on stamp paper of Rs. 100/- stating that he has received the payment from me for the booked flat and registration is still not done as only foundation work is completed and some CC paper is pending for CIDCO approval.

Need to know that what is validity duration for the above agreement and is this correct.

Thanks,

 

 

 

Bala Tilak Reddy (clerk)     15 October 2017

I have made a sale agreement of my agricultural land on rs.50 stamp paper on nov 2011 with two witness signatures and taken a advance of rs.600000. Now when we call him and ask about the registration, he is keep on telling will do...will do.....and it is written that within 45 days if the registration is mot done then he will pay with 2rupees interest on the remaining amount. Now, he is telling that he will do registration immediately and keep on pending for many days. Now meanwhile i noticed the land rate is more that what is made on agreement. Agrement was made for Rs.10 laks but now it is 50 laks....how can i cancell the agreement made and sell it for others at higher rate? Please advice on this

Harish   08 March 2018

Dear Sir,   we have an property in chennai 4200sqfeet, I have made an sale agreement on 15th oct 2012 to a buyer. of 1.04cr and unfortunately we gave our original mother documents to him at the time of agreement. Buyer gave us 15lakhs at the time of sale agrrement. 6years back our land's road was blocked by the next land owner he built a compound wall between our land. So, the buyer told us to solve the issue, otherwise he will go for court and provide legal notice to us. we tried to clear the issue for the past 6years but still it is not solved, because the next land owner is an politician. Now we told the buyer that we are not intersted to sale our land to him. Now he is asking a huge amount of 15lakhs+ 6years interest. so it will come around 50lakhs. we dont have that much of money to give him. So what should i do ???? Pls give me advice how can get back my original documents back ?. what is the validity of sale of agreement since the agreement is made of 15oct2012 now it is already 6years ???Whether he have a rights to ask 15lakhs+interest ???? .... Pls help me.... Thanks Harish....

babu   25 April 2018

Originally posted by : R.R. KRISHNAA

Mr. Harish

 

The agreement is valid in 100 Rs stamp paper and even if not made on stamp paper it is valid.  In fact even a oral agreement to sell is enforceable in law.

 

As regards your query of 6 months validity, I would say that there should be a negative covenant in your agreement that "if the purchaser does not complete the sale within 6 months, the agreement shall stand cancelled". If there is no negative covenant and it is merely stated that the sale should be completed within 6 months then the purchaser gets a valuable right to seek specific performance i.e., he possess the right to get the sale registered even after lapse of time.  IPlease look into your agreement for the presence of any negative covenant.  If there is no negative covenant as I said supra, the purchaser gets a right to claim the property. This issue is covered under the legal phenomenon "Time is the essence of contract" under specific relief act.

 

Baskaran   19 July 2018

Dear Sir, We prepared a sale agreement in Rs.100 stamp paper dated 10.01.2018 to purchase the land from three sellers. The land is belong to rayathuvari. Sellers received the cash (Rs.4,60,000) in hand as advance. For two times, we received the sign from three sellers dated 18.12.2017 & 10.01.2018 to give the advance money. Among three seller, one person name was not present in Patta & A-Register. He stated that his name was omitted in UDR before 50 years ago during Inam abolition period. During sale agreement, he informed us in order to include his name in patta, it will take long time and expenses. Also he stated, due to his age (90), he could not able to go the registration department to include his name. So, he asked only his part of money. So we include his name and obtained his sign in the sale agreement only.

The document was loaded in online registration and subsequently the token was issued. Based on online ubdation the subregistrar has verified the relevant document and after conforming incumbrance, permitted us for the registration on 09.05.2018. But now one seller (name not in Patta) has issued a writ petition and thava manu not to issue the sale deed. Without any valid and unjustifiable reason, he is raising the problem and asking to include his name in sale deed. But his name was not present in patta and others. Herein, I am a bonafide and genuine purchaser. Now the registration department is not releasing my sale deed and Is it in pending or numbered?, I dont know. Subregistrar not giving proper answer. How to deal this problem and How can I receive the sale deed? Kindly give proper direction to receive the sale deed and solve the problem.

k v ramakrishna   13 November 2019

we are (4 persons are sale the property out of six and write the agreement swadeena agreement)  he was paid the amount for the land.. Last 15 years back.  but he was not registered the land and he should not ask for registration to ours till day..we give the legal notice to him for the registration of land.. But he was not respond.and he was not give any reply..And also we filed caveat petition. we sale the property to another person.  first person was legally proceeded he was issued to ours notices and file the dava at subcourt. what is the next step.. who is wrong person.. please clarify me sir...

Gopi Jagnnadham   25 July 2021

Sir,

I have entered into a sale agreement for purchase of 100 yards in vizianagaram district with a seller in October 2013.  I have paid the full consideration amount at the time of entering into the agreement.  The seller was supposed to complete the survey of the land done and register in my name within 12 months from the date of the sale agreement, i.e, October 2014.  However,  he didnt fulfill the agreement conditions.  Because of his oral assurances (due to state bifurcation etc.), we waited.  However, he suddenly disappeared from the city of visakhapatnam  around 2017.   The sale agreement was not registered.   When he was not reachable over phone, I approached a lawyer   and issued legal notices to him in May 2018.  Thereafter, we filed a case in Vizianagarm District court.  But it was not admitted on the grounds of limitation.  What am I supposed to do.  The person has given me a promisory note also.  Kindly advise.

Roman sayyed   18 June 2024

1) reply the notice , and mention that you do not intend to sell the land now, and you are no longer binding to sell the same to decided price , place your intention to return the money back after deducting the delay in sale and damages that kept you from selling the land further to any other third party.

2) any agreement to sale is goveern by section 2H of the contract act, there is proposal , there is accepance and there is legal binding in your case , it fullfills the contention of agreement, you need to pin some thing out to , form the agreement to sale draft that will dessolve the agreement ... so you could save the property , but you have to pay the money back sooner or later 

 


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