Old dated stamp paper but agreement entered for future date
Swamy
(Querist) 01 June 2010
This query is : Resolved
Dea rSir,
Pls let me know what is the solution for the for the following problem.
It is a case of Sale agreement to purchase flat in Vijayawda.Vendor and Vendee entered into sale agreemnt.the details as follows.
Stamp paper purchased on 10/02/2010 where as agreement entered date is 22/01/2010.And Vendee made a payment on 22/01/10 through cheque to vendor.
Is this documnet legally valid to proceed furhter.
Daksh
(Expert) 01 June 2010
Dear Mr.Swamy,
The Agreement is valid as there is ample time to get the Agreement Registered to make it authentic in the eyes of law.
Best Regards
Daksh
Suhail suhail
(Expert) 01 June 2010
It is Valid,as the agreement to sell is the deed, which stake future rights,since it is agreement to sell and if A' agreed to sell his land or property way back say last year and it is oral agreement,and in consideration A" had received payment too,now if the same agreement is desired to be drawn and drafted on stamp paper to get it registered it is just for the purpose of security,and there is no illegality in placing/writing, the oral agreement made in past on paper in the present or future date.
A V Vishal
(Expert) 01 June 2010
The recital is important, it has to be verified that if the document states the oral agreement dt 22/01/2010 and the cheque payment thereof. If this is missed then it could lead to ambiguity.
Manish Singh
(Expert) 01 June 2010
the agreement shall be valid and do what Mr. Vishal has suggested.
incorporate that the payment and related transaction was done on earlier date now the parties are getting into this written agreement to sell.
B K Raghavendra Rao
(Expert) 02 June 2010
Agreement is not valid unless it is a record of oral agreement of 22.01.2010. An agreement can be executed on a stamp paper only with current or future dates and not pre-date it.
