• Sauda-Pavati

Is Sauda-Pavati treated as an "Agreement For Sale".Can a seller be sued on basis of Sauda Pavati?Is Sauda pavati merely a receipt?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

The sauda pavti can be treated as evidence of the transaction and the same can be treated agreement to sell and the specific performance can be sought from court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hello

"Sauda Pavti" is an agreement to sell in respect of the stated lands.Sauda Pavti" which, in other words, is a contract in writing and which contains certain conditions.

yes, a seller can be sued on the basis of this.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can sue seller based on Sauda pavati

2) what are the contents of sauda pavati

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Firslty, please do not get confuse about the receipt and of the agreement to sell as both are totally different from each other.

Secondly, either seller or buyer, anyone can be sued by the other or can sue the other on the basis of the violation of the terms and conditions of the said agreement.

Thirdly, it is something which create obligation in the part of both the parties as to how they would proceed with regard to the sell process.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hello,

Its a mere receipt but can its not a solid evidence.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. "Sauda-Pavati" CANNOT be Stamp Duty paid and Registered. Hence such Sauda-Pavati, is legally null & void for any & all purposes. AND because of the same, Sauda-Pavati CANNOT be classified as "Agreement to Sale or. Sale Deed".

2. At best Sauda-Pavati, can have persuasive power, in legal disputes. Nothing else. HOWEVER depending on the Lawyers capability, a criminal case be made out, based on the sauda-pavati.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

An agreement which is not signed by both the parties is not an agreement at all. It is nothing but a scrap of paper.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

This agreement is signed by both parties in the settlement conference to indicate their understanding and good faith efforts to resolve.

Generally, to be valid and enforceable, a contract must be signed by all parties.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you are right for an agreement two person shall sign and enter into contract but in case in under sauda pavti the consideration in lieu of the transfer is received ant promise to transfer the flat is there a specific performance suit can be filed and the sauda pavti can be evidence of the transaction

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Agreement for sale has to be signed by both parties

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear client

Assuming it as an agreement due execution is must. Bilateral execution , unilateral sign , invalid agreement.

But suit of specific performance is maintainable in oral agreements also so sauda p will consider by court .

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Every agreement needs two parties one purchaser and second is vendor.

If saudi pavti has clause stating seller us going to sale the mentioned premises to purchaser and it is notorised or registered then it can be treated as agreement to sale.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Sauda pavati is a term used i the local language.

Any agreement for sale without a registered document is invalid and cannot b enforceable in law.

If that is given as an acknowledgment then it can be used as a receipt for recovery of money at a later stage if the deal is not confirmed.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Sauda pavai is Signed by only a seller whereas Agreement should be signed by both-seller and purchaser.in that contex Is Sada-Pavati an Agreement? To be an agreement, should there be two or more persons essential to enter into and signed ?

An agreement is always entered between seller and buyer hence both have to sign the document.

The one what yo refer may be considered as a receipt for the amount received.

It cannot be treated as an agreement and cannot be enforced in law.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer