• Sale purchase agreement

I made an agreement on 100 rs nj telengana state stamp for sale of my property situated in Bihar . As per telangana law stamp should be rs 200 and as per bihar law it should be rs 1000. What is the legal status of this agreement. 
In agreement it was mentioned that purchaser will pay rs 500000 as advance through a cheque no mentioned in it. But he did not give the cheque and amount was not received by the seller. No separate receipt was issued for this cheque.What is fate if this agreement. now I sold this property to other customer . What will be the effect of this.If the earlier person who made an agreement wants to file a suit where he can file. What can be the consequences in this situation.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1.Insufficiency of stamp paper does not make the agreement invalid and hence on the basis of agreement even if executed on deficient stamp papers can be relied upon.

2. In this case since no advance payment was made the agreement was not acted upon at all

3.Now the seller can cancel the agreement and proceed to sell the proeprty to another buyer. There is no legal impediment in this.

4.on the basis of this agreement the suit can be filed but in that event the court may impound the agreement and ask the party relying upon the agreement to pay the penalty and deposit it in court.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) it is necessary to peruse agreement entered by you to advice

2) there must be clause in agreement that if purchaser fails to make payment within stipulated period agreement would stand cancelled

3) agreement ought to have been on Rs 1000 stamp paper as property is situated in Bihar

4) if you have sold the property purchaser can file suit for specific performance of contract

5) seek court orders to set aside sale deed

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Hello,

Kindly provide the copy of the agreement for exact and appropriate advise, there must be a termination clause in the agreement.

It should happen on a Rs. 1000/- stamp paper,x

The other party is at liberty to file a suit for permanent injunction

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As per the stamp law of the state of Telangana stamp duty is sufficient and document is valid but when you seek execution of this document in the state of Bihar you have to pay remaining balance amount through treasury challan.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

This Agreement has no legal basis and hence, it can't be made the basis by the previous owner for instituting a suit for specific performance against you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Sale agreement itself does not confirm any right so you have option to repudiate it before actual sale. If you do not receive the sale amount you have option to repudiate the buyer cannot Institute any case without paying the sale amount.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

First of all the unregistered sale agreement is not valid in law and it canot be enforced by either party through a court of law.

The sale agreement can be entered in the jurisdiction where the property situate and not in any other place of your choice or at your fancies and whims.

If the unregistered sale agreement is not valid in law, then there is no question of the value of the non-judicial stamp paper to be used for this.

Even if the buyer would fie a suit for this, it would not be maintainable.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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