Document executed but one of them denying.
GANGAM.RAJENDER.
(Querist) 04 April 2017
This query is : Resolved
respected sir,
Possessory agreement of sale executed on 4-5-2003 by defendants 1 to 5 and the specific performance suit has been instituted on 2012 . defendants 1,3,5 are ex-parte as summons affixed at their house. defendant no.2 agreed that the document was executed but defendant no 4 denying the document .
Q1. WHAT IS THE LEGAL POSITION OF THE DOCUMENT?
Q2. IT IS UNREGISTERED DOCUMENT WHETHER IT IS SENT TO EXPERT OR FOR REGISTER OFFICE TO CALCULATE DEFICIT STAMP DUTY ,WHICH IS FIRST COME UP IN PROCEEDINGS SIR. CASE STATUS IS AT ORDER 9 RULE 7 PETITION FILED BY D4 ALONG WITH LIMITATION PETITION.
THANK YOU SIR.
R.K Nanda
(Expert) 05 April 2017
have a permanent lawyer for ur so many queries.
rajeev sharma
(Expert) 05 April 2017
if any agreement to sale an immovable property having value of more than Rs 100 is executed between two parties it mandatorily requires registration. Any document requiring compulsory registration if is not registered may not be accepted in evidence by civil court for enforcement of any legal right.
If all the parties appear before the court and accept execution of document then the court may impound the document and may refer that to district registrar for charging stamp duty and applicable penalty
GANGAM.RAJENDER.
(Querist) 06 April 2017
thank you sir, but my question is whether it(document) is send to expert first or to send district registrar pls give me solution sir. if the document is disputed how we should send it to the dist registrar sir ,this is our doubt sir.thank you .
