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If the seller does not sell or return the property to the buyer, the buyer is entitled to a special benefit in accordance with the provisions of the Specific Relief Act of 1963. A similar right is available to the seller as part of the agreement to require a certain benefit from the buyer. The only discrepancy in an unmarked agreement is to produce an unmarked agreement in court. Section 35 of the Stamp Act de qualifies a document that does not have the necessary stamp duty in court as inadmissible. However, there are exceptions to this provision and do not completely negate the right of the parties to apply such an unstamped agreement. Under this section, an unstamped agreement may be authorized in court by paying the deficit stamp duty at the same time as a penalty, i.e. an amount varying from state to state. In the event of a deficit and penalty, the agreement is deemed to be fully stamped. „Any sales contract that is not a registered promotion (nature of sale) would fall short of the provisions of section 54 and 55 of the Transfer of Ownership Act and would not confer ownership and would not transfer any right to purchase property (except for the limited right granted under Section 53A of the Transfer of Ownership Act).“ The unregord sales contract is unenforceable in court. Remember here that both parties must respect the terms of the sale agreement.

Any party that does not comply with any of the terms of the agreement could be brought to justice if the other party so wishes. All parties involved should also ensure that this document can be used as legal evidence before the court of law and that all those who have agreed to comply with the conditions are required to do so. There are certain agreements mentioned under the Indian Stamp Act, which should be put on stamp paper, but which should not be forcibly registered, such as the sales agreement executed on stamp paper.B. Non-registration fees do not produce the validity of the sale agreement Although the signing of the sale agreement does not mean that the sale has been concluded, it is a decisive step in that direction. For this reason, buyers must be fully aware of the terms and conditions set out in the agreement. Like contract law in most countries, the Indian Contract Act of 1872 considers that all agreements that meet the essential requirements of free consent, legitimate consideration and lawful purpose are valid and applicable. It is important to note that even oral agreements, which constitute a wide range of contracts in India, are valid contracts under the law, provided they fulfill the essential elements of a contract. The Contracts Act does not make the stamp of agreements mandatory and does not consider that an unstamped agreement/contract is invalid and unenforceable. Agreements therefore do not require a mandatory stamp to be considered legal and valid. Even if they are not stamped, they will still be enforceable to the parties who have signed the same thing. The Indian Registration Act provides for the registration of documents and thus records the contents of the document.

Registration is necessary to preserve evidence and titles. There are certain agreements mentioned in Section 17 of the Indian Registration Act, which must be forcibly registered and therefore cannot be made without stamp paper. Some of them are, A deal for sale, is an agreement to sell a property in the future. This agreement sets out the conditions under which the property in question is transferred. The Property Transfer of Property Act of 1882, which governs matters relating to the purchase and transfer of ownership, defines the sale contract or a sales contract as sub: Under the Indian Registration Act of 1908, any interest transfer agreement on property worth more than one hundred rupees must be registered.