Response

It is valid to get a land deal agreement signed by both father and son with their finger prints for a 5 acre land on a Rs.100 stamp paper. However, the land deal agreement should be registered and witnessed by witnesses. Unregistered agreement has no value in the eyes of law. As you say that the land does not belong to them and they cheated you, file a suit for declaration and a suit for cancellation of the agreement in the jurisdictional civil court. You can also file a cheating case against them. If it is an agreement of sale on a 100 Rupees stamp paper, then it is valid.
however if it is a sale deed, then it has to be compulsorily registered.

Depending on the language used in land deal agreement, it can be distinguished whether it is an agreement of sale or sale deed.If it is an agreement of sale on a 100 Rupees stamp paper, then it is valid.
however if it is a sale deed, then it has to be compulsorily registered.
Depending on the language used in land deal agreement, it can be distinguished whether it is an agreement of sale or sale deed.The agreement is valid in 100 Rs stamp paper and even if not made on stamp paper it is valid. In fact even a oral agreement to sell is enforceable in law.

As regards your query of 6 months validity, I would say that there should be a negative covenant in your agreement that “if the purchaser does not complete the sale within 6 months, the agreement shall stand cancelled”. If there is no negative covenant and it is merely stated that the sale should be completed within 6 months then the purchaser gets a valuable right to seek specific performance i.e., he possess the right to get the sale registered even after lapse of time. IPlease look into your agreement for the presence of any negative covenant. If there is no negative covenant as I said supra, the purchaser gets a right to claim the property. This issue is covered under the legal phenomenon “Time is the essence of contract” under specific relief act.

Reference:

202100702021004217115

LAWAYZ-2023-408