Receipt which says full and final payment but no amount mentioned
Darius Engineer
(Querist) 30 January 2016
This query is : Resolved
I would like to know if a receipt which merely states full and final payment received re a property without mentioning the actual amount is a valid receipt.
Darius Engineer
Devajyoti Barman
(Expert) 31 January 2016
It will depend on the circumstance . Apparently it is valid receipt.
Guest
(Expert) 31 January 2016
Mr. Darius,
Unless you give full description of the case, appropriate opinion cannot be formed. Background, characteristics, circumstances as well as the nature of transaction is necessary to be gone through before arriving at some appropriate opinion.
However, normally, if someone states about full & final payment that can be treated only an acknowledgment of some payment, but not a receipt of any amount, may be constituted of a single rupee or an amount of crores or rupees. But, legally, a receipt must be of some specific amount. If someone resorts to get such type of document that can indicate towards some dubious and forced transaction.
Darius Engineer
(Querist) 31 January 2016
thank you Mr. Dhingra. The facts of the case are as follows:
1. My aunt was tricked into giving Power of attorney to someone to administer and sell off her house and give the proceeds to her. The POA is in 2007
2. Along with the POA "her" advocate, who was actually the friend of the POA holder also placed "his" letterhead which had the following details:
a) My aunt's address
b) Aunt's name ______ Vendor
c) POA's name _________ Purchaser
d) Received full and final payment regarding above.
e)There was no agreement of Sale along with this POA or Receipt
f)"Her" advocate signed the "receipt" as witness.
The POA and Receipt are both executed on the same date in 2007
3)In actual fact no money was paid either in cash or by cheque.
4) "Two years later", in 2009, the POA holder sells the flat to himself by making a "forged" "Re-sale" agreement on a Stamp Paper of Rs. 100.00, wherein it is stated that the agreement will become effective on payment of Rs. 4.00 lacs as compensation for the same. Again there's no amount paid either by cash or cheque. The forged Re-sale agreement does not refer to the earlier payment receipt of 2007.
5) The resale agreement does not have the full name and address of the 2 witnesses, only their signatures in Hindi.
6) The POA holder dies a month after making this forged document.
7) The wife of the deceased claims right to the property on the basis of the forged "Re-sale agreement" and the receipt. She claims that my aunt is untraceable as hence she could not get the agreement registered. She also, somehow pays the stamp duty and gets the Electricity Bill transferred to her name.
8) The Dy Registrar rules that the agreement is valid but he cannot order transfer of Share Certificate as she had not obtained "Heirship Certificate". This order was passed despite my aunt exposing the forgery through her new advocate.
9)This wife then gets a Heirsship certificate without disclosing to the court that the actual seller has claimed the Re-sale agreement as a forged one.
10) My aunt has now filed a RCS in 2015 in The J D Court at Vasai as the property is situated there though she lives in a rented flat at Dhobi Talao with her physically handicapped sister.
10) The RCS is filed by me as I'm the POA holder of my aunt since 2010.
11) The flat has remained in my aunt's possession all through this period.
My aunt is 78 years old and visually not in perfect condition since the last 5-6 years.
Guest
(Expert) 31 January 2016
Dear Darius,
I have already stated that the document cannot be treated as receipt of payment, except as an acknowledgment, which may be right or wrong. I have also expressed my doubt about dubious transaction.
So, during trial, the lawyer of your aunt must insist on the proof of payment of any specific amount supposed to have been paid by the other party to the executor of the POA. Before that, your aunt must also gather proof of market rate of the property previling on the date of the acknowledgment of full & final payment. Authentic evidence is a must to counter the claim of the opposite party about the proof of payment to be produced at the opportune time during trial.
As you stated that the executor of the POA died after one moneth of the execution of the POA, the possibility of forged POA with forged signature of the owner can also not be overruled. You may also get that aspect verified properly.
Rajendra K Goyal
(Expert) 31 January 2016
All related documents need to be referred, consult local lawyer.
Kumar Doab
(Expert) 31 January 2016
As per you, no consideration is paid.
So there is NO full and Final settlement.
You have posted other aspects as well.
It shall certainly be appropriate if everything is examined in detail by an able counsel.
