• If a non-judicial stamp paper is torn a little from head side, will it be of no legal value

I sold a property yesterday.In the case a bai bayana was made on non judicial stamp paper in month may 2017 in presence of a mediator.I was told that I will be given bai bayana when process of land registry will be over.Although the mediator did not return the bai bayana and just tore it a little and just tore half inch from top of the page( in the middle) and asked me to not worry as the paper has no longer legal significance.He pressed that there is no chance of misuse of the bai bayana paper and also demanded Rs 50000 and said that if I will pay him he will return my bai bayana.We had no talk about money to be given for returning of bai bayana.Can he misuse the torn bai bayana in his possession in collision with opposite party or black mail me if I don't give money.Is non -judicial stamp paper no longer valid to be challenged in court if it is torn at head side (about half inch).If no ,then shall I press to cross the contents of non judicial stamp paper by pen.Please answer quickly .I am disturbed and feel cheated.Bih
Asked 8 years ago in Civil Law

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13 Answers

1) Still it can be used, don't give him any money ask him to return all papers including the stamp paper and than give money.

2) Keep stamp paper and agreement in your custody.

If you require any help do call me on consultation call,

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) non judicial stamp paper can be misused by purchaser in collusion with mediator

2) insist on deed of cancellation to cancel the deal

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. In your case you have executed the sale deed in favour of the buyer whereupon the original agreement to sell as a matter of practice is shredded together by the seller and buyer. Nobody has cheated you.

2. You should indubitably deliver the earlier sale deeds to the buyer which is always done as you do not have title to the land. When the property is sold the seller has to deliver to the buyer all the documents in the chain of title.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. it seems there is an sae agreement with the purchaser.if that is sothen the broker cna not misuse it and if any problem surfaces either you or the purchaser would face.

2.This land broker isa crook.immediately remove him from the deal.Talk to the purchaser.

3.if the purchaser is a with you then make a new sale agreement after mutually cancelling the previous agreement.

4.Once Both of you mutually cancel previous agreement and make anew one,the bargaining power ,if any, of the broker would go away.

5.Ony at he time of final sal deed and registration you should handover the original deed and past deed of the same property to the purchaser.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Deed of cancellation has to be done with consent of parties

2) you have to give original chain of documents as you are no longer owner of property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) If you registered deed in the registrar office. There is no way to cancel new deed. And no need to worry and give to them original document as its registered copy , ask them to take it from registered office true copy.

2) If you don't have possession of land don't worry.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Torn paper will not affect the value, it will be considered as accident that's it

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

Yes you need to cross the content of the non judicial stamp paper. If the same has been torn just half inch from the top then the same can be misused at any point of time.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are not required to give them any document, ask them to procure the certified copy from the office of the sub-registrar

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It's valid till the value and stamp on it is visible. Don't worry stamp paper is only for the payment of revenue to government.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The torn or mutilated document is no doubt not valid, however the unregistered sale agreement is not valid in law even if he is approaching court with some bad intention, so you can be free about it without any worry.

For your satisfaction you may ask him to put a cross over the contents across of the said deed drawn on NJS paper.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I have signed on sale deed and have submitted the same is in registrar office.Can I still cancel the new sale deed..they are insisting also to give them the sale deed that was formed when I had purchased the plot way back in 1996,.I have sold my plot to two persons and they are saying that it is essential to give my original sale deed to them as I no longer have possession over even an inch of the land.

When you have sold the last piece of land to the last buyer then it becomes your duty to handover the original title document to the buyer.

There is no use of holding back the document since you do not have the property anymore.

For your reference you may retain a certified copy or notarised photocopy of the same.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

the mediator is wanting money. stamp paper may be of use after torn. file an extortion case against mediator. .

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

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