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Is unregistered agreement become legally valid after paying stamp duty
07-Jan-2023 (In Property Law)
Dear Sir,
Agreement holder(AH) and seller(S) parties entered into unregistered agreement(100/- bond paper) on agriculture land in Jan'2008. That same property is registered on another buyer(BY) in Nov'2011. Officially, everything related to that property is transferred onto buyers(BY) name on paper. Agreement holder (AH) filed a case against seller(S) in Apr'2012. While executing case, they paid penalty for stamp duty around 8000/- as court asked.
Is this legally valid document for the agreement holder(AH) to proceed on this case (like registered document) ?
What is the validity of an unregistered agreement on stamp paper?
what is the strength in this case for agreement holder?
Now, shall the agreement holder ask for property registration on his name?
Thank you!
Anjali.
normally as you the purchaser is already in possession and he purchased it believing that the land is not been agreed to be sold to other persons and he being a bonafide purchaser the court will not order the seller to execute the sale deed in favour of agreement holder but at the most court will ask the seller to refund the amount of Advance received with interest that too if agreement holder proves that he was ever ready to purchase the property and the seller did not execute the sale deed, further it has also to be seen that whether the case filed is in time and whether proper court fees are paid, further by just paying the stamp duty the document can be only admitted in evidence, but the court will not order for registration of the property in favour of owner but can order to refund the amount of Advance received.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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