The land owner had acres 7. 18 guntas in SY.No 50. Hyderabad The land owner has enter to register joint development agreement doct No. 100/2006 date 2-1-2006 to the builder for plots layout development. The builder has got the layout permission for consent municipal authority. Afterwards land owner builder were sharing the plots in the layout, through unregistered sharing supplementary agreement. 1. In that layout development they got 42 plots. They were sharing 60% (builder), 40% (landowner). And some undeveloped land in the layout 1000 sqyards. Those 1000 sqyards was handover to landowner by the builder under through unregistered supplementary agreement. 2. The unregistered supplementary agreement document is admissible in the evidence or not? 3. sharing of flats supplementary agreement required registration or not? I would like to know the act details 4. I want to know the government laws and sections to the above case described. And I would like to know about the stamp duty act to this case. 5. And I would like to know about the latest supreme court judgment related to this case.
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Unregistered supplementary sharing agreement is in admissible in evidence
2) it is required to be duly stamped and registered
3) If specific division of 'built-up' property (i.e., specific flat numbers) is mentioned in the agreement and it's brought up for registration, it will be deemed as sale conveyance and will attract normal stamp duty.
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1. No unregistered transfer deed is admissible in court unless its impounded by court and penal stamp duty is paid.
2. So the enforceability of the terms mentioned therein will depend on formal proof of the deed ib court.
3. This is the well settled position in law and no supreme court decision has caused any change in this.
Thanks for your appreciation
Dear Client,
Unregistered document is not admissible in court but have other measures to rectify it and than used in evidence.
supplementary agreement required registration or not? - it`s their mutual arrangement/agreement. On500 Rs. stamp with notary is enough until, not disputed by any of them.
Any arrangement where value exceeds 100 rs is mandatory be registered.
Read Sec 17. Documents of which registration is compulsory -
Contact for precise advise n ruling.
Yes, the unregistered supplementary agreement/document is an admissible evidence.
Registration of the supplementary agreement pertaining to flat sharing ought to have been registered.
The unregistered supplementary agreement is not admissible as primary evidence in court, however it can be used to corroborate secondary evidence.
It depends on how the parties convince court by their presentation.
