Legal status of impounded unregistered deed of conveyance
4WhatIsRight
(Querist) 09 August 2018
This query is : Resolved
Under an oral agreement a deed of conveyance was executed on a 100/- Stamp paper, but due to breach of obligation by the seller the deed couldn't be registered nor possession has been handed over.
Filed a title suit for specific performance. Defendant denies having any oral agreement but hasn't contested the unreigstered deed. Advocate of defendant asked the learned court to impound the unregistered deed and send it to collector for levying penalty and assessing stamp duty to be paid.
If the learned court impounds and sends it to collector, what will be the legal status of that deed?
Will it be proven to have been executed by the defendant, as only executed but unregistered and understamped instruments can be impounded.
Will it help the suit for specific performance?
4WhatIsRight
(Querist) 09 August 2018
Once impounded, will the execution stand to be proven?
Kishor Mehta
(Expert) 11 August 2018
A document is impounded if it is executed but requisite stamp duty is not affixed and neither is it registered. However after affixing requisite amount of stamp duty together with late fee penalty and registration it becomes a valid document for all legal purposes.
