agreement made on 10rs stamp paper to buy a land

Querist : Anonymous (Querist) 09 July 2010 This query is : Resolved
sir,i have made a agrement to purchase a land on 10rs stamp paper,the seeller of the land is deniying the agreement,can it be challenged in the honourable court,as i have made the advance of rs 9 lacs as in the agreement with two guarantor,so sir plz guide me

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Arvind Singh Chauhan (Expert) 09 July 2010
Issue a legal notice first then file a suit for specific performance of agreement.

pawan sharma (Expert) 09 July 2010
U can file a suit but your case is weak.
All transgition pertaning to immovable property of are required to be registerd deed if the value of the property is more over Rs 100.
U also saggested to take hela a civil lawyer's.

Querist : Anonymous (Querist) 09 July 2010
thanx a lot mr pawan sharma ji,the honourable court can grant the stay on the above property...........

N.K.Assumi (Expert) 09 July 2010
Firstly, oral agreement is permissible in law as such your agreement is valid as it can be done even in plain paper. For registering your agreement it is Governed by the Indian Registration Act where you have to pay requisite stamp duty. In your case: it is essential that you prove that you were always willing and has been always ready to perform the essential terms of the Contract to enable the court to enforce those essential terms of the Contract against the seller.

Chanchal Nag Chowdhury (Expert) 10 July 2010
File a Suit for Specific Performance. Make an application for Injunction preventing the seller from encumbering/alienating the property.

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