Legal Question in Civil Rights Law in India

Validity of notorised document

My father (age-67) did a agreement to sale (Rs.10.21L) a land with a person �X� on 1/10/2004 & notorised the document (Rs.500/- stamp). In the details of payment schedule the date of giving remaing payment written is 31/3/05.

�giving remaining payment is not the main condition of the agreement & saler will not sale the said land to anybody else giving reason that the payment is not recieved. the remaining payment is given anytime in future. if reason of payment raises, the sale deed will be done infront of the court� is written in one of the clauses of agreement.

The payment not given by the mr.X till 31/3/05. after this date my father requsted him to give the payment, but he didn�t.

In 07/2005 my father issued him a notice for giving remaining payment within 10 days or he is going to sale the land to other party.

mr.X replied the notice showing the clause and giving reasons like � we are ready to give the remaining payment but u r not giving the land after measuring & u cannot sale the land except us. as per the terms & conditions of agreement.

my Questions are

1)Can Agreement for sale a property made in notory office?

2)Is there any duty of notary to check the legal conditions of agreement?


Asked on 10/24/08, 6:49 am

2 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: Validity of notorised document

Agreement to Sell is valid if it is executed before Notary Public. So far is other question is concerned, neither Notary Public nor the Sub-Registrar of the area has right to probe in the contents of the indenture. If you wish to have legal opinion, you must send soft copy of Agreement enabling us to probe the matter in detail.

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Answered on 11/02/08, 5:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Validity of notorised document

(1) The agreement is valid;

(2) Notary has no duty to check validity or the contents of a document or its terms and conditions.

An appropriate opinion on the subject may be formed only after perusing the agreement executed between the parties. Therefore, you may consult a local lawyer for the purpose.

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Answered on 10/24/08, 7:05 am


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