AMARJEET (DEPUTY MANAGER) 17 August 2010
A PERSON "X" ENTERS INTO A NOTORISED AGREEMENT TO SELL WITH "Y". NOW "X" DENIES SUCH AGREEMENT THEN HOW "Y" CAN BRING "X" INTO BOOKS ?
IN THE NOTARY REGISTER DUE SL NO AND DETAILS OF THE AGREEMENT BEING NARRATED BETWEEN SO AND SO WITH PROEPRTY DETAILS. THE SIGNATURE OF "X" ONLY PRESENT . THE SIGNATURE OF "Y" ABSENT.
IN THE ABOVE SCENARIO HOW TO CHECK "X" FROM DEFRAUDING "Y" ?
KINDLY ENLIGHTEN ME WITH YOUR VALUABLE SUGGESSIONS !!!!
V. VASUDEVAN (LEGAL COUNSEL) 19 August 2010
As per the Notary rules both party must be present and execute the agreement before the Notary. The persons must be either known to the Notary and should be introduced by an advocate (preferably) or a person known to the Notary. If the notarial process was proper this process should have been complied. Was the agreement witnessed by two independent persons ( one witness for seller and another for buyer!)
An agreement once got notarised is just enough to enforce its obligations. The absence of signature in the Notarial Register will not make the Agreement void or unreliable in the eyes of law, since if both signatures are available on the Agreement papers which is the main requirement under law.
venkatkrishna (AGM) 25 August 2010
Mr.Amarjeet.
Y can file a suit under Specific Performance against X. In such case you need to pay the Stamp Duty for which the document is to be adjudicated then only the doc is valid in the eye of law.
The Notarised agreement is valid.
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