Agreement of sale
pushpakrishna
(Querist) 01 August 2013
This query is : Resolved
dear experts,
I am for the plaintiff and filed a suit for specific performance against the defendant on the basis of agreement of sale.but defendant admitted that on a blank document he signed but not admitted the agreement of sale but he is saying only for the purpose borrowing money he has signed. who is the ex cuter no more and heirs also saying the same.for the plaintiff one witness and scribe is there but at present they are not available for giving the evidence on behalf the plaintiff.agreement of sale on the Rs.100/-non judicial stamp paper.kindly advice on this with a suitable citation if if it is convenient for you.Thanq experts
Dr. Jyothi Vishwanath
(Expert) 02 August 2013
what is the value of the property. Have you taken a stamp paper valid for the property. If not, have you done the Embossing for it.
pushpakrishna
(Querist) 03 August 2013
Sir, the value of the property is Rs.8,00,000/- and the same executed on non judicial stamp paper of Rs.100/- purchased from sub registrar office at local office where the transaction took place.
Thanq.
Dr. Jyothi Vishwanath
(Expert) 03 August 2013
This document is not valid due to insufficient stamp duty. It is also not registered. You have a weak case.
prabhakar singh
(Expert) 03 August 2013
At best you have a claim of money but not of specific performance as in U.P. every agreement pertaining to immovable property requires registration.
Stamp duty is required to be paid on value of earnest money paid.
Dr. Jyothi Vishwanath
(Expert) 03 August 2013
Even if the court admits this document, first it will ask you to pay the sufficient stamp duty on it.
pushpakrishna
(Querist) 08 August 2013
Dear Experts,
In A.P.a case can file on the basis of AGREEMENT OF SALE for specific performance to execute a sale deed . thanq
Guest
(Expert) 10 August 2013
Only examination of dpcument of agreement can prove whether the agreement is genuine or fake, if prepared after taking signature of the defendant. Also, that also matters much as to who is the witnesses, i.e., yours own or any one from the side of the defendant. Scribe cannot be of much importance. Whosoever paid him for scribing, he would speak for him only.
