9911796707
TMI Blog2018 (2) TMI 2034X X X X Extracts X X X X X X X X Extracts X X X X ..... greement is ₹ 20/-. It is seen that the unregistered sale agreement, dated 24.05.2014, has been written on ₹ 20/- stamp paper. Hence, the said document can be taken as sufficiently stamped. Hence, it is clear that an unregistered document may be received as an evidence to the contract in a suit for specific performance or as the evidence of any collateral transaction not required to be effected by registered instrument. Therefore, an unregistered sale deed of an immovable property of the value of ₹ 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 533 of 2017 praying to impound the unregistered sale agreement, dated 24.05.2014 and to send the same to the Deputy Collector (Stamp Duty). The Court below, after hearing both sides, dismissed the said application. Aggrieved by that order, the revision petitioner / 1st defendant has filed this revision petition. 3. The learned counsel for the revision petitioner / 1st defendant would submit that since the document which sought to be marked is not sufficiently stamped, as per Section 35 of the Indian Stamp Act, the instruments not duly stamped inadmissible in evidence and hence, unless and until stamp duty with penalty is paid, the said document could not be marked. He would further submit that as per amended Section 17(1)(g) of the Regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Transfer of Property Act, 1882 (4 of 1882), to be registered shall, (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882) to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument. 7. From the above provision, it is clear ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
