regarding land registration
2 years ago
hi sir/madam,
we actually signed a document without reading agreement in that he mentioned if registration fails in any circumstances we are responsible to repay amount in double, but for same land registration before it was there are 3 agreements in that there is two witness signature but in last agreement there is only one witness signature is it valid of agreement
A.Dear Sir,
It is not mandatory to have signatures of 2 or more witnesses. It is a valid agreement but the clause in respect of paying the double the amount seems to be illegal.
If you have signed an unregistered agreement to sell or memorandum of understanding where such term prevails, you don't need to worry because unregistered agreements don't have much credibility, and even if it is registered, the term of double payment is bizarre and cannot stand up in court if challenged. Anyway, if there aren't too many concerns and the property is clear and marketable, you can get the registration done so that the term doesn't kick in.
Thank you!
Jagannath S Pawar
Responded 2 years ago
Jagannath S Pawar
Responded 2 years ago
A.All documents will have to be scrutinised for clearance of your doubt and query. Agreements which are in conformity with the Legal provisions on the subject are challengeable.
Vaidehi Samant
Responded 2 years ago
A.Generally an agreement requires two witnesses compulsorily if it is to be registered, anyhow if you have signed an unregistered agreement to sell or memorandum of understanding wherein such term prevails than you don't need to worry as unregistered agreement doesn't have much credibility and even if it is registered then also term of double payment is itself bizzare and cannot stand in the Court if one wants to challenge the same. Anyhow if there are not much issues and the property is clear and marketable than you may get the registration done so there's no question of that term to come into effect. Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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