A.
Dear Client,
The Contract Act does not make the stamping of agreements compulsory, nor does it deem an unstamped agreement/contract invalid and unenforceable. An unregistered agreement to sell signed by parties voluntarily and counter-signed by witnesses even in plain paper can still be used as evidence for collateral purposes as per the proviso mentioned under Section 49 of the Registration Act of 1908. In the given scenario, serving a strong legal notice to the Seller, you can file a civil suit against him seeking specific performance for breach of the condition of the Sale Agreement under Section 10 of the Specific Relief Act, 1963 before the Civil Court having jurisdiction over the suit property claiming damages and compensation and other relief. The limitation period for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963 is 3 years from the date fixed for performance or if no such date is fixed, then from the date the plaintiff has notice that the performance is refused. Further, aggrieved buyer can file a civil suit seeking an order of injunction before the competent Civil Court to prevent the seller from further selling or transferring the property. You must gather evidence of the seller's fraudulent actions and misrepresentation to support your claims in court.
Posted On 06-Aug-2025
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