My father purchased stamp papers on his name and executed an agreement with seller pointed in the agreement that 20 ×34 feet land to be registered and money transaction as part payment at the time of registration and remaining payment after one year with interest.Registration done with 17.5×34 feet land without mentioning in sale agreement.and due to availability of money proportionate amount paid to seller and written in book as amount paid to seller but forgot to write on agreement.after 3 years sellers claiming total amount again with interest as per agreement.1)is this agreement valid without buyer signature on it only seller signed on original agreement.2)can seller file a suite on it without original agreement.3)is the statement written on book valid 4)what can we do in this situation.
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1) signature of both parties is necessary for valid agreement
2) seller can file copy of agreement but has to produce originals during trial
3) if originals are lost plaintiff can make application to court to permit him to lead secondary evidence
4) contact a local lawyer
1. The agreement is not valid as both parties failed to sign the agreement.
2. The seller cannot file suit on same it shall be not maintainable.
3. It may be taken as evidence of transaction though.
4. See if already registration is done in your favour then you can contest if seller files a suit in the case.
No it's noy valid. Yes seller can file a suit to get it signed by buyer.
For valid sale agreement must be signed by both parties to be legally enforceable. Seller cannot file suit.
Dear Client,
On sale deed, signature of buyer and seller is must. It will not be a valid sale deed without signatures of buyer and seller.
Agreement invalid.
If original copy is in possession of first party, suit can be file on the basis of copy, original court will summon.
Statement on book not binding. avoid him and pay the amount of actual area purchased.
please be aware that an agreement be valid only when both the parties have signed the agreement along with the witnesses and in case of sale agreement it should be registered with the register after payment of requisite stamp duty which can be adjusted from the required stamp duty to be paid for the registration of the property registration documents of the property provides the payment details and in case payments have already been made then there is no need of any further payment on any claim let the seller claim the amount and go to the court and you need to reply only when you received the Court notice in this regard
1. An agreement to sell requires the signatures of the seller and also buyer.
2. The seller can file a suit for specific performance of the agreement to sell, but without the signature of the buyer on the agreement the liability of the buyer cannot be proved. Your father should contest the suit as and when it is filed.
1. If the entire sale consideration amount has been paid and there is a mention in the sale deed, then the seller cannot claim the same again on the basis of the sale agreement. Once a registered sale deed has been executed then the sale agreement becomes infructuous.
2. He cannot file any suit on the basis of the photo copy even if he is stating that the original is held by the opposite party because the sale agreement itself is an unregistered document. Moreover he cannot suppress the information that the property has been sold vide a registered sale deed, hence just wait and watch the developments.
3. Until seen what is written on it and what kind of book that is, no opinion can be rendered on it.
4. Just wait and watch the development, if he is filing a suit then you can file a petition to reject the plaint under order VII rule 11 for the reasons you may rely upon.
