Breach of goodfaith
ajay
(Querist) 20 November 2014
This query is : Resolved
i have signed sale deed in f/o brother in good faith which cover value of 50 lakh on beliving he will pay me in short time, now fter getting registered sale deed by showing payment made in cash to me which is in fact not made, how to receive my due payment.
ajay sethi
(Expert) 20 November 2014
how can you sign a document that you have received Rs 50 lakhs when no payment has been made to you . you wont get any payment now
ajay
(Querist) 20 November 2014
being family member ,it was signed,
ajay sethi
(Expert) 20 November 2014
and how can you accept Rs 50 lakhs in cash ? well you take help of family elders to recover money . take money by cheque
Rajendra K Goyal
(Expert) 20 November 2014
Payment of Rs. 50 lacs accepting in cash is not considered valid under IT Act, whole amount may be treated as black money. Accept payment through cheque.
Anirudh
(Expert) 20 November 2014
Dear Mr. Ajay,
Can you please stop fooling around any more?
In http://www.lawyersclubindia.com/experts/Sale-deed-for-agree-land-475456.asp#.VG3wG2cjcmU
you said that you bought a property and did not pay - and wanted to know whether the sale deed can be cancelled?
Now you are saying something else.
Raj Kumar Makkad
(Expert) 21 November 2014
Mr. Ajay, is the observation of Anirudh true?
ajay
(Querist) 23 November 2014
mr.anirudh observation is wrong, i am saler not buyer, Mr.rajendra k goyal i wish to know it act as mention by you on this.
ajay
(Querist) 23 November 2014
pl understand goodfaith, and elder have tryed their best but of no use
ROHIT SHARMA
(Expert) 23 November 2014
Dear Mr. Ajay,
1. You can file a criminal complaint against him u/s 423 I.P.C. alleging dishonest execution of deed of transfer containing false statement of consideration.
2. The burden of poof will rest upon him to prove that the money was given to you. You have not singed any receipts or Have You ?
3. If need be for further in depth analysis of the case matter you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
4. Further contact for legal consultation will be exclusive of this free written consultation. Moderate remuneration is expected.
Guest
(Expert) 23 November 2014
Mr. Ajay,
It seems quite unbelievable that for a 50 Lakhs property, you would have signed a sale deed and the Registrar would also have signed for registration without enquiring whether you received the sale proceeds or not.
Further, if that was in good faith, what was the urgency of transfer of the property when your brother did not have a single penny to pay for the property?
Still further, you being an Officer of the status of an Administrative Officer, how could you expect that your casual type of query for free advice in this forum could help you fetch a solution to your ticklish problem of recovery of 50 Lakhs without detailed discussion with some local lawyer with reference to related documents?
In fact, if it is not a type of academic query for solution on behalf of your kith or kin student, you need to consult some local lawyer for detailed discussion along with the related documents, tell him the complete background of the case with circumstances under which you transferred the property.
Even if you file a court case for breach of good fath/trust or recovery of the dues, you must also have some sound evidence on that issue in your favour. Please remember, burder of proof lies on the prosecution, i.e., you if you file a case.
Guest
(Expert) 23 November 2014
Dear Author,If at all your statements were genuine Consult a Local Good Criminal Side Advocate and File a Strong Police Complaint and proceed Legally.
ajay
(Querist) 24 November 2014
form 16 under it act have been signed which have been made based in registering sale deed, no any other receipt has been signed, it is conflict due to his advocate has advised him that nothing will happen , however i have eight concerned family member as a witness in support of my claim. i wish to go for civil remedy and only at last for criminal.
