• Unregistered stamp paper

My Uncle gives us Property Declaration on Rs.5 rupees Stamp paper.
in this stamp he was written that he gives all the property(land, home, along with our Caste profession) to my father. but this stamp paper is not registered. this stamp paper written in 1977.
1) Is this Stamp paper is valid?
2) is there any law which says that stamp paper should be registered? can you please help with this Act no.? from which date or Year this Act says that all the stamp papers Should be registered?

this stamp paper is near about 40 years old.

can we put case on my Uncle on the basis of this Stamp paper?
my uncle start disturbing us with considering that this stamp paper is unregistered so it is having "Zero" value in court.
Asked 4 years ago in Civil Law

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11 Answers

1. No it is not valid and the property can not be transferred on the basis of this stamp paper.

2. You can file a suit based on this stamp paper and claim your title in the property but to the best of my opinion the same remains invalid.

Is your uncle alive?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes it can be valid only in case it is settlement deed between the family members and through same the property was transferred and mutated in your fathers name,further if property in possession on that ground a adverse possession can be claimed.

Further you can file a suit based on the agreement and can claim that amount was paid to uncle in lieu of transfer some how it could not get registered. The court can take the declaration as the evidence of the transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Deed of relinquishment should be duly stamped and registered

2) relinquishment deed on Rs 5 stamp paper woukd not be sufficient

3) Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Technically speaking the agreement is insufficiently stamped;

2. The stamp paper also is not registered or notarised;

3. But having said that, the agreement still does have value;

4. The contract is still valid even if it does not transfer property;

5. So send a legal notice;

6. If he does not listen then file a complaint to the police station;

7. Last step is to file a suit in the relevant court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

a will even when written on a plain paper/Stamp paper and not registered also is valid but it needs to be attested by two witness along with the signature of the testator.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Stamp paper never gets registered. The deed or agreement made and signed on the stamp paper is registered before the registrar by paying the stamp duty and registration fee.

2. Without registration no deed or agreement in connection with immovable properties will be valid.

3. You can consider the said declaration by your uncle as his will which will become executable only after his demise intestate.

4. As such there is no legal value of the said declaration conveying the title of his properties without getting the deed of conveyance registered by your said Uncle before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello

Your uncle stated that he is giving everything away but the document is not registered. This does have implications For You. Were there any witnesses too?if there were no witness then the paper has value but a considerably reduced one. Although This paper can be put before the court.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. who is in possession of the property?

2. who has been paying all outgoings of the property?

3. in whose name does the property stand presently?

4. did your uncle make a claim on this property for all these years?

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. The transfer of immovable property by an unregistered document is not legally valid and cannot be enforced in law.

It is mandatory to register any transaction pertaining to the alienation of the immovable property.

2. Yes you can go through the transfer of property act and the registration act.

Under section 122 of the Act, one can transfer immovable property through registered gift deed. ... To make the transfer valid it is mandatory to register a gift deed with the sub-registrar as per section 17 of the Registration Act, 1908, and section 123 of the Transfer of Property Act..

You cannot file any case against your uncle on this.

He is right that he can seek the property back since it is not legally transferred to your father's name yet.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

All transactions that involve the sale of an immovable property for a value exceeding Rs 100, should be registered.

Have your father paid property value, if yes than suit of specific performance to get sale deed register can be file against seller/uncle on the basis of unregistered stamped agreement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

According to registration act stamp paper relating to property having value of more that 100 must be compulsorily registered.

So stamp paper is not valid if the value of property mentioned on paper is more than 100. And in such case the property can be claimed back by him. But if you have possession of that property for this many years then you can claim property on the basis of adverse possession.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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