Agreement to sale

Querist : Anonymous (Querist) 08 April 2010 This query is : Resolved
We have agreed on plain page that we will sale the land to purchaser at agreed value and for that we have accepted token money of Rs.5111/-. Further sell party and purchase party has signed the papaer with two witness. there is either no revenue stamp or stamp paper. Now we dont want to sell the land to the purchaser since he has put other conditions. There are no sale condtions mention on plain paper. What are the remidy available to seller and whether this plain paper has any legality

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R.R. KRISHNAA (Expert) 08 April 2010
It is a valid agreement. The buyer can approach the court to enforce the agreement.

Raj Kumar Makkad (Expert) 08 April 2010
Suit for specific performance can be filed in such case by any party against the erring party. What so ever has been agreed is liable to be executed.

adv. rajeev ( rajoo ) (Expert) 08 April 2010
no revenue stamp is required.

B K Raghavendra Rao (Expert) 09 April 2010
By the nature of transaction described by you, it is a sale agreement. Sale agreement need to be executed on a stamp paper of appropriate value depending upon the rate prevailing in respective states. If a document required to be executed on a stamp paper is not executed on stamp paper, it amounts to cheating the government of revenue to that extent. Both the executors are liable to answer for their lapse failing which the document if produced in a court be impounded and penalty levied.

Sale agreement executed on a plain paper is not legally valid.

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