Validity of a sale agreement
Santhosh K K
(Querist) 13 October 2013
This query is : Resolved
We were forced to sign a sale agreement in the year 2010 by a person who is politically connected and is a well known Land Mafia. It was stated on a Rs.50/- stamp paper that the property in the name of my father who passed away a few days after we were forced to sign on it much against our wishes, that the registration would be carried out within 3 months.Even after the lapse of the stated timeframe and providing the legal heirship certificate, the party was giving some excuse besides threatening us with dire consequences. Is an agreement on a Rs.50/- stamp paper valid? I have been getting different answers while some say that it is valid for 3 years even if it has been mentioned as 3 months on the stamp paper. Kindly advice what I should do.
Devajyoti Barman
(Expert) 13 October 2013
You did say what did you want?
If you want to avoid the agreement then you cans end him a notice stating the cancellation of agreement and then enter with an agreement with someone else.
Santhosh K K
(Querist) 13 October 2013
Thank you for your reply. I managed to have a Lawyer's notice sent following which he has replied stating that we were avoiding following which a case was filed against us. Would an agreement signed on a Rs.50/- stamp paper hold valid. I do not want to part with the property.
Veeresh Naik
(Expert) 14 October 2013
In which state you reside?
R.K Nanda
(Expert) 14 October 2013
it is valid for 3 years only.
Rajendra K Goyal
(Expert) 14 October 2013
Engage a good local lawyer to protect your interests.
Santhosh K K
(Querist) 14 October 2013
This is in the state of Kerala. If an agreement is valid for 3 years on a Rs.50/- stamp paper, then why do they have to mention that the validity of the agreement as three months.
ajay sethi
(Expert) 14 October 2013
the agreement merely mentioned that registration of sale deed would be done within period of 3 months . if you have been threatened and made to sign the agreement by coercion you ought to have filed police complaint against those who threatened .
it is necessary to go through the contents of agreement signed by you . it appears to be under stamped . an agreement on stamp paper of Rs 50 for sale of property would be under stamped
Surrender K Singal
(Expert) 14 October 2013
3 months were for acting upon;
3 years under limitation Act for enforcing it !
Sri Vijayan.A
(Expert) 14 October 2013
Mr.Subramanian,
Within 3 months, as per the agreement, the parties have to discharge their obligations (Selling and buying of properties.
If the agreement is failed to get performed within its period, it can be enforced by the affected party by filing a suit in a court of law under Specific Performance Act.
Within 3 years, the party has to file the suit, which is called limitation period as per Limitation Act.
Regarding threatening, coercion and all shall invalidate the agreement. If you can prove the threatening, you can make the agreement as void.
So, engage a good Lawyer Locally.
uttamtibrewal@yahoo.com
(Expert) 15 October 2013
dear client...
you can terminate the agreement you just need to send a legal notice for you termination that all ... for any query do reply back or contact me
