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What is the validity of an agreement made on a plain paper?


23-Dec-2023 (In Documentation Law)
Dear experts, I am an NRI. I gave some money to my friend in India almost 6 months back without making any formal agreement. He promised to repay the money by December but failed. He is asking for an extension (by mid-Feb 2018). I am now planning to make an agreement on a plain paper by inserting a penalty clause. He has agreed to this procedure. I cannot make any agreement on a stamp paper as I am living in Europe and the option of a Power of Attorney is also problematic. I am thinking to send the agreement paper with my signature to my friend, which he will sign and then either sends me back or sends to one of my relatives in India. Therefore, I have three questions: 1. Do you think this a reasonable procedure? 2. Is there a need for a witness when my friend signs the agreement? 3. Can I take legal action against him with this agreement paper if he breaches the agreement? Any suggestion will be highly appreciated. Thanks for your help. Regards
Answers (3)

Answer #1
461 votes
  1. The loan agreement has evidentiary value when it is printed on stamp paper/e-stamp paper and signed by both parties. The stamp paper value depends on the particular State in which it is executed. Each party should thereafter keep a signed copy of the Loan Agreement. This can help to provide additional legal protection in case of any future disputes. 
    It is important to ensure that the loan agreement is properly drafted and includes all the necessary terms and conditions including identification of parties, loan amount, repayment schedule and penalty clause.

  2. Additionally, the number of witnesses required to execute a loan agreement depends on the state in which the agreement is executed. It is generally advisable to have at least two witnesses sign the loan agreement, as this can help to strengthen the legal validity of the agreement in case of any disputes in the future.
    It is important to note that the witnesses must be competent to testify in a court of law. This means that they must be over the age of 18, of sound mind, and not a party to the loan agreement. The witnesses must also sign the loan agreement in the presence of the parties to the agreement, and provide their full name, address, and occupation.

  3. A loan agreement which is not in compliance with the above rules is not enforceable in law and cannot be tendered as evidence in a court of law in a civil action against breach by the borrower.

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Answer #2
730 votes
Sir You have given a friendly loan to your friend for which you cannot ask for interest. So far penalty is concern, it should not be read or treated as interest. As your are not a licensed money lender under law you cannot ask for interest. Witness is very essential in this matter, you require to have atleast 2 witnesses. If the agreement is binding under law you can take legal actions. Thanks
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Answer #3
650 votes
There have no validity in plain paper agreement. In breach of agreement if you file a suit that can't be exibit as documentary evidence. You should pay the revenue during agreement and also sigh two witness at the time of making agreement. I think it is better to make an agreement in India with a stamp paper only sign by your friend and witness.
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