Consent terms rules
Divya
(Querist) 08 October 2017
This query is : Resolved
Respected Experts
there was a tri-partite consent terms entered between Accused, Complainant and daughter of Complainant ... Where consent terms are made on a rupees hundred stamp paper.
As per main conditions of consent terms, Complainant will withdraw a criminal complaint and civil money claim against Accused in return of which Accused will give rights to daughter of Complainant in another civil suit...
Now Complainant has expired. Deliberately Accused says that Consent terms ARE BOGUS FRAUDULENT AS CONSENT TERMS NOT STAMPED..
But Complainant and his daughter had complied with their terms as laid down in that document, when that time there were no discussions of stamping registration.
ALL LITIGATION WERE WITHDRAWN AGAINST ACCUSED FROM SEVERAL COURTS. DAUGHTER OF COMPLAINANT ACTING AS CONSTITUTED ATTORNEY OF COMPLAINANT WITHDREW PERSONALLY LITIGATION AGAINST ACCUSED.
Purposefully to resile from consent terms, Accused says that consent terms ARE VOID, BOGUS AND INADMISSIBLE AS EVIDENCE BEFORE ANY COURTS SINCE CONSENT TERMS NOT STAMPED REGISTERED..
REQUEST YOU TO PLEASE GUIDE ME.. AS IM THE VITIM AND DAUGHTER OF COMPLAINANT AND HAVE BEEN HARASSED AS ACCUSED IS VERY POWERFUL
THANKYOU
SURESHKUMAR.S
(Expert) 09 October 2017
1)If the said tripartite agreement was held with the approval of the court/ ie during conciliation sessions, it S deemed to be a decree and can be enforced.
2) if not as above said, the accused may be called to come for execution / registration of the doc through Registrar Office provided within max 4 months of the date of the said RS 100 stamp paper.
3) if not , prefer criminal complaint for 406,420 IPC CHEATING and breach of trust since he has admitted the execution only disputes stamp validity.
4) still more options could be possible if more details provided.
Guest
(Expert) 09 October 2017
Un Registered Documents will not have any Legal Value,Discuss with Local Advocate.
Guest
(Expert) 09 October 2017
Very vague query!
Agreement for which type of cases?
Rajendra K Goyal
(Expert) 09 October 2017
All agreements need not be registered, however, proper stamp duty must be paid.
Whether the part regarding deceased should be performed or not, full language of the agreement need to be referred, please discuss with local lawyer after showing full / all related document.
Guest
(Expert) 09 October 2017
What an advise by innocent/ignorant/idiotic child please
Guest
(Expert) 09 October 2017
Refer Sec 17 (1 A) of Registration Act 1908 and Section 53 A of Transfer of Property Act 18882 and Related Laws( Amendment ) Act 2001
Guest
(Expert) 09 October 2017
Several Supreme Court and High Court Judgement have held that the Unregistered agreement of sale will not be recognized in Court of Law
Guest
(Expert) 09 October 2017
Refer an important Judgement in the Allahabad High Court with regard to the same in the " VijayKumar Sharma VS Devesh Saxena Case in 2007
Divya
(Querist) 09 October 2017
sirs..
1. Consent terms are termed as "Deed of Assignment"
2. Accused using unstamped unregistered document got money claim withdrawn from high court where consent terms were not filed but high court was given undertakings by Accused that he has settled disputes with Complainant out of court
2. Accused using unstamped unregistered document got a criminal complaint withdrawn against him and also got offences compounded against him from that criminal court where Accused gave his undertakings and filed those consent terms to tell criminal court that he has compromised with Complainant.. After which Criminal Court ordered Mediation and Mediation Report allowed Compromise.. PARTIES WERE ALLOWED FOR MEDIATION UNDER SECTION 89 CPC, USED BY THAT CRIMINAL COURT.. IS THIS ORDER OF MEDIATION COURT WHERE REPORT IS SENT TO CRIMINAL MAGISTRATE AND LATER OFFENCES COMPUNDED, A COMPROMISE DECREE NOW
Now please consider these circumstances and suggest me... Pls sirs.. Can Accused be now allowed to put defences that consent terms are BOGUS DOCUMENTS AS UNSTAMPED UNREGISTRED..
ALSO
IS MEDIATION REPORT AND ORDER OF CRIMINAL COURT WHERE OFFENCES ARE COMPOUNDED, NOW A COMPROMISE DECREE [AS STATED BY ADVOCATE SHRI SURESH...]
AND SIR ARE ALL AGREEMENTS REGISTERED STAMPED?
ARE ALL CONSENT TERMS STAMPED ?
ARE ALL PARTNERSHIP DEEDS STAMPED?
ACCUSED WAS SILENT FROM FEB 2016 TILL DATE.. D MOMENT I KNOCK COURT DOORS, ACCUSED DEFAMES ME TO PROTECT HIS POSITION THAT I HV NO IDENTITY AS CONSENT TERMS ARE UNSTAMPED
Guest
(Expert) 09 October 2017
Better meet and consult with a Local Senior Advocate with all details
P. Venu
(Expert) 09 October 2017
The facts, as stated, are confused or incomplete or both.
