Verbal sale of property and denied later
DAVINDER
(Querist) 22 December 2011
This query is : Resolved
I have made verbal commitment for the sale of property and the other person transfer Rs.1 lac to my account as he aware of my a/c and later i release that party is underquotting the price and i returned the money from my a/c to the buyer a/c with addition of Rs.1000/-.three month back.
Now i have received the notice thorugh his Advocate for the payment of Rs.4 Lac which (he says ) Paid in cash and accepted the return of Rs.1 Lac or come to the registery office for registration. with in 10 days.Please suggest.
ajay sethi
(Expert) 22 December 2011
you have in reply to notice mention that sum of rs 1 lakh paid as advance was duly returned by you . you have not received any payment of rs 4 lakhs in cash . these are pressure tactics being adopted by buyer to force you to sell your property .
since no agreement has been signed by you the other person cannot force you to register agreement in his favour
DAVINDER
(Querist) 22 December 2011
Wether i would reply to the notice or keep quite
DAVINDER
(Querist) 22 December 2011
Wether i would reply to the notice or keep quite as he is quoting in the notice that agreement made as one with them and other with me.
Deepak Nair
(Expert) 22 December 2011
Are you sure that there is no agreement signed by you? if yes, then there is nothing to worry.
You shall reply to the notice stating all the facts and strongly deny the receipt of any money incash. The onus is on the other party to prove that any such money is paid.
Not denying the allegations in the notice will be considered as admission of all those allegations.
Therefore, go ahead and send him a strong reply.
Conslult a lawyer in your locality if necessary.
Shailesh Kumar Shah
(Expert) 22 December 2011
why you paid rs.1000 extra?
can you post content of notice here?
ajay sethi
(Expert) 22 December 2011
always reply to legal notice . if you fail to reply adverse inference can be drawn against you
Guest
(Expert) 22 December 2011
Verbal agreement is no agreement. First of all, you can say that the amount of Rs.1 lakh was deposited with ill-intention of the other party without yout notice, which he later on aked to return. You can also say that in a friendly manner he asked you to pay Rs.1000 more to fulfill some of his need, which he promised to retun within a few days. Otherwise, you can also say in reply to notice that the amount was a kind of loan, which was repaid along with interest.
If they insist that they paid Rs.4 Lakhs in cash, ask them to produce your receipt for the manount. If they say that any amount was paid as a token money in lieu of agreement for sale, you can ask them to produce copy of that agreement also.
But mind it and be ready to face, if he decides to file a case against your, he can even produce witnesses to prove that you promised to sell your property to him on payment of token money, which you have backed out now.
DAVINDER
(Querist) 22 December 2011
DGarg Resi....present resident...
my client xyz resi.....;'sinstruction you are informed that date 10.10.11 you have agrred to sell property at.....in consideration of Rs OPQ.You ensured that the builder will get registered the property by you name then you will get registered the same by the name of xyz.It was decised at the time of agreement that if the xyz is not able to get registered that he will be paid 50% of the advance paid.
After trusting on the above fact my client has paid the Rs. 1 Lac and post dated chq of Rs.25000/- which you encashed as per the written agreement.The copy of the same agreement is with you and with my client.You have not turned up for the registration inpite of the fund lying with my client.You have returned the money of Rs.26000.00 and kept the Rs.1 Lac.You are using the amount for your personel use.
It has been brought the notic of my client that you are not the registered owner of the property and try to fraud which punishable under 406 and 420.
My client will be present it he registrar office on 10.12.11 with the money and you should be.My client will be ready for the registeration.
You are informed by notice that you shall be presented in registery office on 10.12.11 for the registration of the property.Other wise my client will pursue for the justic in court uner ipc.
adv. rajeev ( rajoo )
(Expert) 22 December 2011
verbal agreement does not help him. When there is no written agreement he cannot sue you on the basis of verbal agreement. Issue reply notice denying all the facts.
Guest
(Expert) 22 December 2011
Dear Davinder,
There is quite a major difference in your original question and the information supplied by you as per the contents of the notice.
In your original question, you stated that 1 lakh was transferred to your account, which you returned along with Rs.1000. You did not make any mention about cheque of Rs.25,000, which through notice is stated to have been encashed by you. The notice also does not mention anything about payment of Rs.1,00,000 deposited by you in to buyer's account, which you stated to have transferred to his account.
You have also not made any mention about the property not being owned by you and was yet to be registered in to your name by the builder.
Would you like to clarify about the discrepancies in your question with reference to the contents of the notice?
If you try to conceal the facts, you may probably not get right solution from the experts.
Devajyoti Barman
(Expert) 22 December 2011
Yes do as advised by the experts above.
It is not so easy to prove a oral agreement. So rest assured and do not fail to reply that notice denying all the allegations.
Raj Kumar Makkad
(Expert) 23 December 2011
It shall be better to provide the reply of the notice on the lines discussed in detail above especially legal line suggested by Dhingra G.
Deepak Nair
(Expert) 23 December 2011
I too endorse the views of Mr. Dhingra.
Please provide complete details while putting a query, otherwose you won't be able to get the appropriate solution.
Any ways, you have to reply to the notice denying all the allegations
vasant kulkarni
(Expert) 23 December 2011
PL.DONT HIDE THE FACTS FROM THE EXPERTS.IF YOU WANT CORRECT ADVISE,YOU MUST BE PROMPT IN GIVING CORRECT FACTS TO ACT UPON.OTHERWISE, THE ADVISE MAY GO WRONG ON INCOOECT FACTS AND YOU MAY LOSE THE CASE.
IT APPEARS THAT THE OTHER PARTY HAS TO MOVE COURT OF LAW TO ENFORCE THE AGREEMENT.SO PL.PLACE ALL FACTS TO GET CORRECT ADVISE.
prabhakar singh
(Expert) 23 December 2011
On facts stated denial of notice allegation is a necessity and simultaneously amount may be explained as HATHFER (changed hand for temporary need)and was accordingly returned with token extra.Engage a lawyer and give reply under his signature and not by your signature.
