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Should agreement be registered?

Page no : 2

NewDefendant (None)     31 December 2009

 OK - thank you.No registration required as it is not conveyance.  Does the agreement for sale have to be stamped properly (in mumbai) before it can be admitted as evidence? 

Agreement executed over 7 yrs ago. And still not stmaped properly. what are the implications if not stamped?

 

Elamaran Perumal (Law Officer)     04 January 2010

Hi Ms Anya,

According to amendment made to Sec-17 of Registration Act,1908 which added Capital "A" to that Section, even  an Agreement to Sell also has to be registered if possesion is delivered through the same and part payment has been made by the Buyer to the Seller. This measure will protect the buyer's interest in the property u/s 53A of T.P.Act 1881. This amendment was made to Sec-17 of the Registration Act in Sep,2001.

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N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

//Does the agreement for sale have to be stamped properly (in mumbai) before it can be admitted as evidence? //

Insufficiently stamped document can be admitted in evidence, by collecting required stamp value with penalty, as it is rectifiable defect.

You must understand the difference between filing the document and admitting the document in evidence. Admitting the doc in evidence arise only during trial.

//Agreement executed over 7 yrs ago. And still not stmaped properly. what are the implications if not stamped?//

If not stamped, court can impound it for collection of deficit stamp duty under the provisions of the stamp act. 

 


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