Earnest Money Agreement----Rgd. or Unregd.? - Property Law Experts Queries - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers
QUESTIONS---ANSWERS
I am a property dealer,earlier we used to make "Earnest Money Agreements" (Agreement to sell) on plain papers with signatures on revenue stamp.
These days we are making these agreements on Rs.50/-stamp papers.
My question---Should we get these agreements registered or unregistered are ok--if some dispute arises?
Deals are in Crores.
Expert : Parveen Kr. Aggarwal
Posted On
19 January 2011
Rate Now :
12345
It is always safer if the agreement to sell is got registered.
Expert : Devajyoti Barman
Posted On
19 January 2011
Rate Now :
12345
Yes as the unregistered documents are easier to be eenforced through the civil court.
author : Anonymous
Posted On
19 January 2011
Devjyoti ji,
U say "Yes as the unregistered documents are easier to be eenforced through the civil court"
Do U mean to say that unregistered docs are have better legal stand than the registered ones?
Nevertheless---I mean to ask whether the unregistered "Agreement to sell" is valid in the court of law or not,if some dispute arises?
Expert : Devajyoti Barman
Posted On
19 January 2011
Rate Now :
12345
No I mistyped it . I meant to say the 'registered agreement'.
The unregistered agreement is always valid in the court of law. The reistration of it helps if the purchaser wishes to file a suit for specific performance of contract in the event of refusal of th seller to complete the sale.
author : Anonymous
Posted On
19 January 2011
Devjyoti can we stand in the Court of law,with unregistered "Earnest Money Agreement or not?
Expert : Parveen Kr. Aggarwal
Posted On
19 January 2011
Rate Now :
12345
If the possession of the property is delivered to the purchaser at the time of agreement to sell, it is necessary to get such an agreement registered.
author : Anonymous
Posted On
20 January 2011
Parveen Ji,possession is generally not handed over at the time of Earnest Money, so what--Rgd. or Unregd...?????????
Expert : Kirti Kar Tripathi
Posted On
20 January 2011
Rate Now :
12345
REGISTERED AGREEMENT IS ALWAYS BETTER.
Expert : Parveen Kr. Aggarwal
Posted On
20 January 2011
Rate Now :
12345
In case possession is not handed over at the time of agreement to sell, it is legally not necessary to get the agreement registered. But still it can be got registered. A registered agreement is easy to prove in the court in case of dispute.
Expert : niranjan
Posted On
20 January 2011
Rate Now :
12345
U/s 49 of the Registration Act, suit for specific performance can be filed on unregd.sale agreement,but I have also come across judgments which say that suit on unregd.sale agreement is not maintainable. When the agreement is coupled with possession,it has tobe compulsorily regd. and without that suit will not lie for sure.
No comments:
Post a Comment