Agreement to sale
puneet
(Querist) 06 September 2012
This query is : Resolved
Dear Sir
My queries are-
1. Whether agreement for sale entered into by a seller and purchaser on a 100/ rs stamp paper is valid in a court even if the same is not registered.
2. Can the actual sale deed may be written for a lower amount than the amount shown in agreement to sale. However it is not lower than circle rates
R.K Nanda
(Expert) 06 September 2012
1.Yes.
2.No.
Advocate Bhartesh goyal
(Expert) 06 September 2012
{1} No,duly not stamped and unregistered sale agreement is inadmissible in evidence.
{2}If sale agreement is not registered,then you can mention any amount in sale deed but sale deed would be registered on DLC rates.
Rasik Dagli
(Expert) 06 September 2012
Yes. It is valid.
You may mention an amount as per Circle rates. Better not to refer agreement to sale in the Sale Deed.
RASIK DAGLI
Advocate
rvdadvocate@gmail.com
prabhakar singh
(Expert) 06 September 2012
1)NOT,AND NEVER IF IN UTTAR PRADESH
2)YES,WOULD BE POSSIBLE LEGALLY IN UTTAR PRADESH
AS AGREEMENT,IF UNREGISTERED ,HAS NO LEGAL VALUE.
Rasik Dagli
(Expert) 07 September 2012
Dear Sir,
It is a valid agreement.
Hon. Supreme Court has even held that an ORAL AGREEMENT is valid and enforceable.
SEE- 1990(4)SCC 147 -Operative part is given below:-
x.....x......x......x........x
In the above background this Court on Page 394 observed as under:
"It is, therefore, not possible to accept the contention of the appellant that the oral agreement was ineffective in law because there is no execution of any formal written document. As regards the other point, it is true that there is no specific agreement with regard to the mode of payment but this does not necessarily make the agreement ineffective. The mere omission to settle the mode of payment does not affect the completeness of the contract because the vital terms of the contract like the price and area of the land and the time for completion of the sale were all fixed." 434
Thus even in the above case the time for completion of the sale was considered as one of the vital terms' of the contract. Further in the above case part of the agreement had been performed i.e. partners having 98 shares had already executed sale deeds and this Court had believed the oral agreement for sale of 137 shares. Thus the above case is totally distinguishable and renders no assistance to the appellants in the case before us.
Thus we find no force in these appeals and the same are dismissed. In the facts and circumstances of the case we make no order as to costs.
R.S.S. Appeals dismissed.
x...........x.......x.......x.......x
What is necessary is that you must prove that such agreement is entered into between parties.
Rasik Dagli
Advocate
rvdadvocate@gmail.com
