Enforcable Contract | Stamp Act | Token Amount Forfiet
19-Jun-2023 (In Property Law)
There was a "agreement to sell" on dealer letter head between my wife and seller, which my wife didn't sign and only I signed, as that was just a token receipt of bayana and the later Seller sent me another agreement on 100Rs stamp paper (notorised) signing it. Seller tried to cheat and already a 420,406 case is registered against them in Noida.
Above-said agreement to sell which was on just letter head ( not notorised) was destroyed and only photocopy exist.
Seller with the agreement photocopy got present in Noida Registry office and stamp duty (revenue) loss case was opened against my wife.
Q1. Is the agreement between Wife and seller but signed only by me (Husband) is enforceable/valid under stamp act ? ( Wife never authorized husband) and seller as well acknowledged it to be defective and non-executable in writing.
Q2. Is Revenue Penalty Order passed against my wife on the basis of that document not signed by her is valid ?
Q3. how to recover token amt which was paid online ?
If the agreement is not signed by your wife then she does not hold any liability towards the same. Also for recovering the earnest money, we can send a legal notice for recovery. However the terms of the agreement needs to be perused as most of the agreement has forfeiture clause for the earnest money. Please feel free to contact.
Thanks
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