Payment made without entering into agreement to sale or any

For replying your query, some more facts are to be ascertained:

1. Whether the first buyer was previously known to your client and whether they had any other dealing at any point of time.

2. In what profession your client is engaged and how he could have got remuneration for his professional services from the first buyer.

3. What was mentioned in the receipt of cash payment as to for doing what the amount was being received.

4. What was got recorded by both the parties in the statements made before the police.

Dear Praveen

1. The first buyer was previously not known

2. Client is CA

3,It is plain money reciept of rs 500

4. First buyer has given application of complaint but plice has not registered FIR and quashed th complaint on the basis that it was a civil case.So my client has not given any statement. First buyer given complaint that my client sold house to other after taking money from him.

Although the total sale consideration and other condtions of sale have not been spelt out in the query yet your client has to explain on what account he received money from stranger. As law permits oral agreement to sell of property so, the amount received as earnest money may be liable to refund in case of backing out by the sellter. But in the instant case, the buyer has not turned up for completion of the transaction of sale, it can be presumed that he failed to perform his obligations under the oral agreement and his amount of earnest money stood forfeited. But all these facts are to be proved by leading evidence which can only be oral evidence in the given case. The law is clear that agreement to sell may be oral or in writing and as such on proof of terms of oral agreement to sell it will be at par with written agreement. You client cannot claim the amount towards professional services/remuneration as he has not provided any such services.