Presence not marked by sub-registar
kulwinder singh
(Querist) 06 January 2013
This query is : Resolved
Is it compulsory to have your presence marked by the Sub-Registrar in an agreement to sell contract in order to file a suit for specific performance if second party refuses to honour said contract? Can you file a suit for specific performance if presence has not been marked by Sub-Registrar? Are their any laws pertaining to having presence marked by Sub-Registrar? Thank you.
Raj Kumar Makkad
(Expert) 06 January 2013
Presence is necessary to be marked by registrar which becomes a strong evidence on the part of the party present there to the effect that he was ready to perform his part of contract on that day.
If registrar refuses to mark presence then such party can appear before other higher authorities requesting them to direct registrar to that effect or can contact/make representation through fax, mail, registered post on the same day but major evidence shall be whether such party had purchased stamp paper for affidavit on the same day and had also got it typed and got himself identified from a lawyer or not and whether he was ready with all his remaining roles like bringing money and other documents etc. or not.
R.K Nanda
(Expert) 06 January 2013
u can file suit for SP even if SR has showed you absent.
it is better if ur marked present by SR.
kulwinder singh
(Querist) 06 January 2013
Sir are their any laws pertaining to having presence marked by Sub-Registrar?
Sushil Sharma
(Expert) 06 January 2013
this is not mandatory. you can file suit for SP and PI.
Raj Kumar Makkad
(Expert) 06 January 2013
Marking of presence is not a law but this is major piece of evidence.
