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Issar pavati (agreement to saledeed - with notry)

(Querist) 31 January 2013 This query is : Resolved 
We have purchased residential-cum-commercial home from father-in-law in 2008 in 20 Lakh,we have gave 5 lakh amount as isar and performed issar pavati (agreement to saledeed - with notry) dated 14-08-2008 afterwards he took all remaining amount from us by showing urgency in end of 2008. As he was close relation we believed on him after some time when we force to execute register document he is playing hide-seek game and demanding more money as per today market value increased , so we gave him legal notice through advocate dated 02-05-2012 to him with paper declaration dated 03-May-2012, he also replied back through legal notice on dated 18-05-2012 that isaver pavati is false and fabricated with paper declaration by denying all the clams, We have 5 lakh issar pavati (notry) dated 14-08-2008 as proof and also we have passion of said property, as we are in need of money, how we can give that commercial part on-rent till settlement ?
ajay sethi (Expert) 31 January 2013
you ought to have filed suit for specific performance when your father in law did not turn up for registration .
how did you pay remaining amount ? by cash or cheque?
when was said payment made?
do you have any receipt for said payment ?
John (Querist) 31 January 2013
Un-luckily paid cash and to without receipt, only have 5 lakh of Issar pavati (notry)
ajay sethi (Expert) 31 January 2013
you have no documentary evidence to sustain your plea that rs 20 lakhs have been paid .
Raj Kumar Makkad (Expert) 02 February 2013
I have nothing to add in the opinion of Ajay.


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