Unregistered deed of conveyance impounding and it's effect
4WhatIsRight
(Querist) 14 August 2016
This query is : Resolved
In a suit for specific performance of an oral agreement where deed of conveyance has been executed and relief prayed in suit is for registration of deed and delivery of possession.
Plaintiff approached court within 4months of execution of deed as defendant refused to come for registration and or handover physical possession.
The defendant denies having any oral agreement, but hasn't denied the execution of deed of conveyance because it bears his signature, photograph and thumb prints.
Defendant delaying suit to seek sympathy on ground of price increase and old age.
1.can the unregistered deed of conveyance be admitted as collateral evidence? Or stamp duty has to be paid? If, yes then on what value..Value expressed in deed? Current market value?
2.If it is impounded by court, and plaintiff pays the stamp duty will it create right over property? Will it be treated as registered document?
3.And in case of paying the stamp duty upon impounding by court and later not getting decree in favour, will that stamp duty be refunded?
I am plaintiff.
Ms.Usha Kapoor
(Expert) 14 August 2016
dEAR cLIENT,
the COURT IMPOUNDED THE ORAL AGREEMENT of sale on account non payment of stamp duty. One you pay the stamp duty it becomes legally vlid and admissible in evidence in a court of Law. But it is not equal to a registered document. Whoever claims under a document or agreement of sale has to register the document. The seller is acknowledging execution and his signature etc. s/tamp duty is payable on the market value prevailing on the day of execution of the agreement of sale. If you unduly delay in payment of stamp duty you'd be slapped with FINE OF /RS.5000. in specific PERFORMANCE OF CONTRACT THE TIME IS ESSENCE OF THE CONTRACT. you SHOULD BE ALWAYS READY AND WILLING TO HONOR THE AGREEMENT OR TERMS OF SALE AND PROVE IT TO THE SATISFACTION OF THE COURT. The Stamp Duty COST YOU PAID MAY NOT BE REFUNDED OR WOULD NOT BE REFUNDED UNLESS YOU WANT DISMISSAL OF CASE AND PRAY FOR COST OF STAMP DUTY REFUND.
Dr J C Vashista
(Expert) 14 August 2016
1. Deed of Conveyance is registered. Relief prayed is "registration of deed..." How both situations can arise?
2. Registration of a document cannot be done without payment of stamp duty and registration charges (as per state)
2. Agreement to sell is pre-requisite for conveyance deed which may or may not be written and/or registered.
3. The query is vague and professional by anonymous author under the adopted name
"4 What Is Right".
Consult a local senior lawyer.
R.K Nanda
(Expert) 14 August 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 14 August 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with your lawyer.
4WhatIsRight
(Querist) 14 August 2016
Specific performance of oral agreement is sought.
Deed of conveyance executed but not registered. It is to be submitted as collateral evidence to prove the oral agreement.
Defendant denies having any agreement.
P. Venu
(Expert) 14 August 2016
Are you the plaintiff or the defendant?
Kishor Mehta
(Expert) 14 August 2016
Sir,
Unregistered documents are not accepted as valid evidence in a Court.
Oral agreement has to be ratified by all the parties concerned.to be legally acceptable as.evidence.
Good luck,
Kishor Mehta
