Recovery of advance money paid in sale agreement

Querist : Anonymous (Querist) 02 October 2011 This query is : Resolved
In an oral agreement for sale a house, advance amount paid to the seller by bearer cheque in the presence of two witnesses. Details of payment was written on a plain paper (without any stamp) and signed by both parties, but signatures of witnesses were not taken. After that seller denying any oral agreement for sale and transaction. On the basis of these evidences, if I file a suit for refund/recovery of the amount before a court, can I succeed? How much these evidences are relevant and helpful for me?

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ajay sethi (Expert) 02 October 2011
your story about oral agreement is difficult to digest as writing on plian paper does not mention that adavnce payment was towards flat purchase .

better try to settle with seller . if you file suit it will take number of years and you will have to prove oral agreement by evidence of witnesses and that of purchaser .

ajay sethi (Expert) 02 October 2011
by mistake wrong judgement was posted here

Chanchal Nag Chowdhury (Expert) 02 October 2011
Since U have chosen to act like a fool, the seller is entitled to the benefit of your foolishness.
The only evidence seems to be the Details of payment written on a plain paper (without any stamp) and signed by both parties. For the rest, may god help U.

Sailesh Kumar Shah (Expert) 02 October 2011
Now, you wish to only take refund amount. You have already acknowledgment of payment. You can file civil suit for the same as stated above without oral agreement.

R.Ramachandran (Expert) 02 October 2011
The papers in your possession does not have any value and cannot be of any conclusive evidentiary value to support your case.

Raj Kumar Makkad (Expert) 02 October 2011
I completely agree with Nag. You would have asked such queries prior to handing over your hard earned money to the so-called seller.

prabhakar singh (Expert) 03 October 2011
i agree with experts

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