Refuse to register sale deed
take the plea that no consideration has been paid
that he had signed on blank paper for some purpose ( state purpose for which he had signed on blank stamp paper)
Wife purported a signed blank stamp paper by the husband into sale agreement
One of my relative have some legal issues. His wife and teenage daughter, converted a blank stamp paper which was handed to them for some other purpose, into 'Sale agreement' and send civil notice to register the property within a month. It is sort of matrimonial issue, now become a property litigation. My relative in a shock state that his family did this to him and his whole life savings into a question mark now. 1. All were all living in the same house hold till last month 2. Already family life was in a torn state and but my relative managed to adjust due to children's sake 3. As he handed a stamp paper for some government matter with signed in a single paper, they typed all the agreement matter in a single stamp paper (Single page) 4. Witness is his mother-in-law and daughter 5. The husband now living separately in a flat afraid of any false complaints by ladies. Now what is his options to save his property ?
Asked 5 years ago in Criminal Law
Religion: Hindu
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5 Answers
On receipt of the legal notice it becomes his duty to issue a reply notice denying the contents of the legal notice.
The unregistered sale agreement is not enforceable in law.
Hence it can be properly challenged before court in case they go ahead with their decision to torture him on the basis of the unregistered sale agreement.
Sale agreement doesn't establish any right in the property in favour of agreement holders.
Therefore there is no scope for losing this property.
Since the sale agreement is unregistered if they rely upon it they will have to pay hefty penalty in civil suit if filed in which case the seller at the most will have to refund the earnest money mentioned in the sale agreement.
any agreement to sell or sale deed which is not registered does not have validity and cannot be considered as valid evidence in the court of law affecting any such property.
You can deny such false agreement in any conditions which are false and illegal
