Unregistered lease deed
Y R DINAKAR
(Querist) 08 September 2014
This query is : Resolved
Dear Sir,
My brother has created unregistered lease deed of my fathers house for Rs.28 L for a period of three years and claiming the amount.My father is staying with me and brother is staying in native.my queries are
1. Whether lease deed executed in Rs.100 stamp paper is valid
2.He is claiming that he has paid Rs.28 L through cash - whether it is acceptable in court that Rs.28 L can be paid through cash.
3.To the best of my fathers knowledge he has not signed the said lease deed, but he is douting that my brother could have taken my fathers signature by keeping the deed in middle of the other papers - when my father is signing them.
4. What are all the options available for my father to prove the ignorance.
Isaac Gabriel
(Expert) 08 September 2014
1.NOT VALID IN LAW 2.No problem 3.can be challenged.4.Issue Notice.
Surrender K Singal
(Expert) 11 September 2014
It is Father's House; Brother claims to have paid such cash for Lease - what for ?
Lease period being just three years, it may soon finish. Who has the possession ?
Father can get a deed of CANCELLATION of such unknown document, registered denying all the claims of such lease deed, ab initio;
Y R DINAKAR
(Querist) 11 September 2014
1.At present house is in possession of my brother only.
2.my father has taken temporary injuntion order from local court- still the case is pending in court for permanent injuntion.
3.My brother is claiming that he has paid Rs.28 L to my father and entered in to lease agreement.
Surrender K Singal
(Expert) 13 September 2014
So, your father has alleged forgery of his signatures and non receipt of any such cash payment; So the mqatter is already in Court - let it take its course; Your brother will try to prove availability of that much cash and its source etc. Who are the witness on the unregistered Lease Deed ?
Y R DINAKAR
(Querist) 15 September 2014
my brother's assistant ( who is helping him) in office work has stood as witness for the lease deed.
Now our advocate is asking us to file a plint for taking the possession of the property in court- but, he is telling it will take lot of time .
Y R DINAKAR
(Querist) 15 September 2014
I want to clarify one more thing whether my brother can claim the lease amount from my father by paying necessary stamp duty for lease deed subsequently . whether un registered lease deed can be considered by court as evidence if stamp duty is paid subsequenctly?
Surrender K Singal
(Expert) 15 September 2014
In normal course, NO; Father has already filed some case / plaint on which some temporary injunction has also been obtained; So, what is the purpose of another plaint ?
