What will be the legally valid document?
Querist :
Anonymous
(Querist) 09 December 2009
This query is : Resolved
Respected Experts,
I want to clarify a problem/doubt from your end. The problem/doubt is:-
I have paid total consideration amount to “A” in respect of some lands. Due to my personal reasons, I am not interested to get registration at this movement and I need to get the registration after some period. So which type of document is to be executed at this movement, whether it is an Agreement of Sale or a Sale Deed, to be executed on a Rs.100/- Non-Judicial Stamp paper tentatively.
So please suggest me, which type of document is legally valid, in case, if the Vendor is not in a position to turn up or not willing to come up for registration, at the time of registration of the document, before the Registrar Office in any reason what so ever, I can have to go to Registrar office alone for registration/validation of the document, in the absence of the Vendor.
A V Vishal
(Expert) 09 December 2009
An agreement of sale duly registered will solve the majority of your problem but about the second part of the query regarding enforcebility of the agreement at later stages, the only solution will be enforcing it through spefic performance clause in case the vendor does not turn up for registration. However, this right can only be enforced through a court of law.
niranjan
(Expert) 09 December 2009
I would like to opine that get sale agreement done and registered; if you have paid full consideration,get possession and mentioned in the sale agreement and pay stamp duty accordfingly.Get irrecovable power of attorney in favour of your near relative for executing the document etc.Howeever best thing to do is to get the sale deed.
A V Vishal
(Expert) 09 December 2009
POA is not proper since the power revokes automatically on death of either the principal or the agent.
