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Amyn Furniturewalla   14 November 2016

Sale of a pagadi shop

Respected Lawyers,

I have a Pagadi Shop in Mumbai which I have now sold. The Purchaser has done the full payment in Cash but has not made any Reciept. The Purchaser has not even made any Agreement of Sale. The Purchaser has just taken a signature on a Surrender Letter on the basis of which he will transfer the Property in his name. Please guide me that Should there be an agreement of sale even in if its a Pagadi Shop.  And whether a Cash Reciept is acceptable and whether it will work as a sufficient proof to show me as a Sale of Property when I deposit the cash in my Bank to show it for Income Tax.



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     14 November 2016

Agreement to sale is necessary.

As u had taken in cash with out any agreement u need to make it right now. While depositing amount in bank they may ask about this.

Will u appreciate this answer by giving THANKS button my LCI profile?

1 Like

Kishor Mehta (CEO)     15 November 2016

Sir,

The whole transaction is illegal, you had no right to sell a pagadi property as it did not belong to you, you were only a tenant. You can not show this amount as sale of your property, at best you can declare the amount received as unearned income.

Good Luck,

Kishor Mehta


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