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Nabajit Barman   16 August 2019

does a notary agreement valid in case of newly constructed flat

a flat owner has bought a flat by doing a notary agreement at Rs 29 lakh in the year 2017. does this agreement is valied now.


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 7 Replies

Tapal Manjunath Reddy (Advocate)     16 August 2019

Title of the property can be conveyed or transferred only by a registered sale deed... If you have purchased flat by virtue of sale agreement... It's invalid...

Tapal Manjunath Reddy (Advocate)     16 August 2019

If the transaction is only for agreement of sale and not actual sale, Then sale agreement subject to payment of stamp duty is valid... Registration is not mandatory for agreement of sale.. As sale agreement does not confer any title....

g isaac (Lawyer)     16 August 2019

What are the terms of agreement? whether it stipulates registration at a later date. Neverthless agreement/sale agreement  does not substitute sale deed.

g isaac (Lawyer)     16 August 2019

What are the terms of agreement? whether it stipulates registration at a later date. Neverthless agreement/sale agreement  does not substitute sale deed.

kavksatyanarayana (subregistrar/supdt.(retired))     16 August 2019

Ji, an Agreement of Sale shall be registered as per present rules.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 August 2019

1.  Purchasing an "immovable property" via a Notarised Agreement, would amount to circumventing the Stamp Duty Act and the Registration Act, which is a prosecutable offence and further the Notary Agreement is infructuous in a court of law, in the event of any dispute.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

N.K.Assumi (Advocate)     18 August 2019

Agree with Hemant Agarwal, which is in line with the Supreme Court enuciations in the matter.

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