Monday 15 February 2016

AGREEMENTS AND PART PERFORMANCE


Who are the persons who are exempted from appearance at the Registration Office?
Section 38 of Indian Registration Act specifies the persons who are exempted from appearance at the Registration office. They are:-
1) A person who by reason of bodily infirmity is unable to appear without risk or serious inconvenience.
2) A person who is in Jail under Civil or Criminal process. 
3) Persons exempted by law from appearance in court and who would but for provision in the Registration Act, be required to appear in person at  registration office.

Is it possible to register an apartment which comes under Village Panchayat or a CMC?
It is not advisable to buy an apartment which falls under the Panchayat even though the registration is possible now. But Apartment coming under CMC area can be registered without any problems. 

When the doctrine of part performance is not available?
When the person who desires to invoke the doctrine of part performance is not the signatory to the agreement or the consent party nor the recitals show that the agreement was entered into with the consent of such person, he cannot seek protection under the doctrine of part performance since there is no privity of contract between the parties.

What are the stamp duty payable in Karnataka for registration of an agreement to sell and the construction agreement?
The stamp duty payable for agreement to sell is Rs. 200/- when no possession of the property is handed over to the purchaser.Similarly, the stamp duty payable for construction agreement is Rs. 50/-.

Suppose in an agreement to sell, there is a clause that the vendor shall complete the sale transaction within three months of the date of agreement to sell, but fails to comply with this requirement.  Whether the agreement would become void and unenforceable?
Non-compliance of a clause in the agreement to sell would not make the agreement void.  The vendor has legal remedy to open him upto three years from the date of such a lapse.

More,

No comments:

Post a Comment