ROHIT (Nil) 08 January 2020

Regarding notarized agreement to sale

A notarized agreement to sale made in 2006 stating that within a period of one year the person will get all cases finished on a disputed property and shall get the registry done in the favor of the 2nd party & in case he fails to do the same the 2nd party will get it done through court of law .The amount with two cheques are also mentioned in it.There were 3-4 cases pending against that property in the district court and its still pending and an status Quo order is there when the case started in 1998 to till date. I would like to know what is the authencity of such an notarized agreement of sale done in 2006 and what can the 2nd party do with it when the matter is pending from 1998 to till date with continous status Quo order in it? can he bring any specific performance suit against the 1st party ?

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 08 January 2020

Dear sir,

All the suits pending or to be filed will be failed relating to transaction which are in contradiction of status quo.

Regards,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 08 January 2020

1. ANY & ALL types of Agreement relating to "immovable property" MUST compulsorily be duly Stamp Duty paid and Duly Registered, without which the said notarised "Agreement to Sale" is legally infructuous and null & void, for all legal purposes. No Legal relief of any type is possible on such Agreement to Sale.

2. On the Contrary, the Seller & Buyer parties are guilty of prosecutable offences & Penalty etc.... for:
a) Evading relevant Stamp Duty on the rate'ble value of the Property,
b) Evading Registration Fees
c) Swindling /Cheating the Govt., of its revenues, leading to confisicating of the said Deed.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

ROHIT (Nil) 08 January 2020

Sir you said it very techinically kindly explain in easy words so i could understand thank you

Shashi Dhara 08 January 2020

Notarised agreement is not valid in terms of law which may be penalised .

Shashi Dhara 08 January 2020

Notarised agreement is invalid in eyes of law which may be penalised.

Dr J C Vashista (Advocate) 10 January 2020

Agreement to sell may be registered or notarised, it optional and not "compulsory" in terms of Section 17 of the Registration Act,.

The terms and conditions of agreement shall prevail which are required to be perused.

Dr J C Vashista (Advocate) 10 January 2020

It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts / record, professional guidance and proceeding.