Legal Question in Real Estate Law in India
An agreement to sell a plot in Haryana is written between two parties . The agreement is written merely on Rs. 10/- stamp paper and not registered and also not attested by notary or any licensed document writer.The value of the property is 50 lac. But later on the dispute arises as the price of the plot rises all of a sudden and the vendor refuses to execute the sale deed and demands more money.But the vendee has sufficient proof to prove that earnest money(byana)of Rs. 10 lac has been paid. Although the vendor is ready to return the byana amount but not ready for executing the registry.Can the suit for specific performance be filed? Is the agreement to sell valid on Rs. 10/- stamp paper?
3 Answers from Attorneys
yes one may file suit for specific performance on the basis of such agreement.
The answers to your queries is ;-
1) Yes.
2) Yes.
despite the fact an agreement has been executed but you need to check with the local lawyer at haryana whether such agreements that are not registered and not notarized would be considered an agreement or they need to be compulsorily registered. in case the agreement is not valid, you may take the earnest money and forget the issue and in case the agreement is valid, you may go for suit for specific performance.
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