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Gopalakrishna M   28 August 2017

Sale deed

I have purchased a land from a person , sale deed is executed and registered. Patta and chitta every thing is transferred to my name . Now the person saying by playing fraud I executed a sale deed instead of security document. To buy the land I have transferred 6.5 lakhs online via NEFT , and another 5 lakhs in cash I have given on registration day. In the sale deed we have mentioned only 5 lakhs (Governament value of land)which is given in cash. Now the person is saying instead of security document for 6.5 lakhs , I exuted a sale deed by mentioning government value of 5 lakhs in the sale deed. Please help me . Court has issued a summons.

He is doing all these because he has demanded extra money of 1.5 lakhs 2 months after the registration . I have refused to give (I have an audio proof demanding money of 1.5 lakhs )



Learning

 17 Replies

Siddharth Srivastava (Advocate)     28 August 2017

Do you have any receipt of cash payment? Have you paid the cash amount in the presence of any witness? What is the proof that you have paid the amount in cash. What amount is mentioned in sale deed as consideration? If you have the answers of above then contest the case and fight.

Gopalakrishna M   28 August 2017

I don't have any cash receipt separetly from him.

Cash payment detail is mentioned in the sale deed in a separate page, both vendor and witness are signed below it.

Yes I have paid the cash in the presence of witness. 5,03,750 is mentioned as consideration. 

Not metioning actual value (6.5 transfered online not metioned in the sale deed ) of the property in the sale deed will create a problem ? and which leads to loosing of property ? please help I am feared.

 

 

Kumar Doab (FIN)     28 August 2017

The cash payment duly narrated in sale deed in itself is  evidence.

Usually it is mentioned that seller has already recieved the payment, and nothing is balance.

Go thru the language of sale deed.

Don't give up the posession.

Kumar Doab (FIN)     28 August 2017

What is this security document?

The online payment made by you/NEFT may..................may...........on the contrary become amount refundable by seller. 

What is the opinion of your own LOCAL counsel that has examined the sale agreement, sale deed, NEFT payment transaction ? 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 August 2017

sale deed has almost all the details required to carry out the purchase or sale of a property. ... The sale deed would also mention about the receipt issued by the seller to the buyer for the money received towards the sale transaction. This evidence is enough. You have transferred 6.5 laks. The sale deed also must reflect that amount. 

Kumar Doab (FIN)     29 August 2017

Mr.Rama chary Rachakonda is right.

 

Gopalakrishna M   29 August 2017

sale deed does not mention the amount 6.5 lakhs transferred prior to registration ,

will it create a problem ? please suggest what should I do in this case.

Kumar Doab (FIN)     29 August 2017

Dear LCI querist@ Mr.Gopalakrishna M,

You have not replied to points being raised in the thread.

 

pankaj verma   29 August 2017

go to the language of sale deed if he cashed and signed then don't worry...... 9816374011

Kumar Doab (FIN)     30 August 2017

Another Prespective; The Rs.6.5 lacs may on the contrary be refubdable to you.

Consult your own LOCAL counsel. 

Gopalakrishna M   31 August 2017

Local counsel is saying , This case will not stand because himself personally came and registered the deed.

One more information is Land is registered in my wife name  completly, 

The amount 6.5 lacs is trasferred from my account (Husband account). 

Kumar Doab (FIN)     31 August 2017

Why shold you not believe your lawyer?

Take back Rs.6.5 Lacs.

Gopalakrishna M   31 August 2017

We are feared and suffreing for our innocense ,

because court and police station we never seen in our life .

Kumar Doab (FIN)     31 August 2017

You have done well by approaching your lawyer.

When whole world stays away and heavens fall, your lawyer stands by you.

 

 


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