Some legal questions
Ranvijay Chaudhary
(Querist) 27 September 2020
This query is : Resolved
Hello dear Lawyers,
My Father has a civil case pending in the civil court.25 years back some relatives got signed signatures by fraud and made Notarised ( Not registered) sell agreements. Now the case is pending in the courts.
I have some Law questions, which I want to clarify..
Q1. Is non registered ( Only Notarised) sell agreements of transfer of property valid under the eyes of laws?
The relatives are telling in the court that they gave 15 lakhs to my father in 1993 in cash, In reality, they are lying and they are not producing any evidence for that.
Q2. Do court consider this statement of cash payment without any documentary evidence?
WAS IT LEGAL IN INDIA TO PAY THAT HUGE AMOUNT IN CASH IN 1993? Please tell me any act that prohibits this transaction ( if any).
Thank you.
Rajendra K Goyal
(Expert) 27 September 2020
You said:
Q1. Is non registered (Only Notarized) sell agreements of transfer of property valid under the eyes of laws?
Reply:
Agreement to sell was not required to be registered at that time, in some states.
You said:
The relatives are telling in the court that they gave 15 lakhs to my father in 1993 in cash, In reality, they are lying and they are not producing any evidence for that.
Reply:
It was their onus to prove the payment. Your lawyer can cross regarding receipt from your father, evidence of witness, if any, before whom the payment was given and their cross, source of funds, related documents, bank account statement of withdrawal, if borrowed from others their evidence and source. You can lodge complaint with the income tax department also. Can call income tax return. It is your lawyer who can effectively counter and prove the claim false.
Rajendra K Goyal
(Expert) 27 September 2020
You said:
Q2. Do court consider this statement of cash payment without any documentary evidence?
Reply:
Yes if satisfied.
You said:
WAS IT LEGAL IN INDIA TO PAY THAT HUGE AMOUNT IN CASH IN 1993?
Reply:
You can raise the issue to prove their claim as wrong.
Advocate Bhartesh goyal
(Expert) 27 September 2020
( 1 Unregistered agreement to sale ( notarized ) is not admissible in evidence unless it registered and sufficiently stamped.
( 2 ) Statement that payment was made cash is not believable and such statement should be proved by cogent evidence ( receipt, bank account statement etc. )
Dr J C Vashista
(Expert) 28 September 2020
Agreement to sell may not be registered but its validity differ from its terms and conditions as agreed between parties to the agreement.
Show the document to a local lawyer. However, it can not be for 15 years in any case.
Remaining part of question can not be answered as it is unrealistic which is based on presumption and imagination.
P. Venu
(Expert) 28 September 2020
Yes, an agreement for sale requires no registration. As regards to other issues, the court would decides them on merits. All that could be suggested that onus of proof rests with the party who makes the averment.
