Can a disputed agreement be impounded?
4WhatIsRight
(Querist) 22 September 2018
This query is : Resolved
In a suit for specific performance the defendant is not admitting the execution of the agreement for sale for property, but at the same time is requesting the court to impound the said agreement, as it is understamped, and levy penalty.
Can an agreement whose execution is disputed be impounded and penalty levied?
Dr J C Vashista
(Expert) 22 September 2018
@ 4WhatIsRight,
The court will not impound such agreement to sell.
How do you propose to get the agreement to sell admitted by the defendant Mr./Ms. 4WhatisRight, an anonymous person?
You have posted such various questions earlier, therefore, it would be better and appropriate to seek guidance of a local senior lawyer as the questions are professional where you are earning from the intellectual proprietary of experts, which is abuse of this platform.
Guest
(Expert) 22 September 2018
Very important academic question is meant to be solved by only very talented law students, which is beyond your capacity to answer, as you are always "4WhatisWrong" with your academic queries. Now, as usual, don't try to give a lame excuse that you are a social worker and help people to solve their problems or come forward, to ask for the definition of academic query.
This problem, if exists in reality, you don't have the capacity to solve it. The person, who faces such a problem has necessarily to take help of a lawyer to defend his case effectively. You can simply advice him to ask his lawyer to find the solution.
Shashikant V. Patil
(Expert) 22 September 2018
On the one hand, Def not admitting that there is no such agreement executed and on the other hand, he is requesting court to impound. Is not it a contrary statement and misleading the facts ? Ld. Vashishta and Dhigra Sir rightly objected.
Guest
(Expert) 22 September 2018
If a real problem and also you have any talent, why not take advantage of his statement to win the case?
Satya nand aggarwal
(Expert) 22 September 2018
Ss. 37, 37-Agreement to sell- Not executed on requisite stamp paper- It is admissible in evidence on payment of duty and penalty u/s 35 or 37 of the Act
4WhatIsRight
(Querist) 23 September 2018
Vashishta Sir, Dhingra sir and Satyanand Agarwal sir, thanks for responding.
Shashikant sir thanks to you too.
KISHAN DUTT KALASKAR
(Expert) 23 September 2018
Dear Sir,
Yes, it attracts stamp duty provided the defendant wish to rely upon such document.
