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Vaibhav Dixit (IIT Guwahati (B.Tech.))     25 October 2015

Advice required from learned lawyers. format of receipt.

Here is my situation:

 

I paid a builder certain amount of money as an advance for a flat I was interested in buying. We both went into a sale agreement/ affidavit. The builder has failed to complete the construction but has agreed amicably to return the advance back.

He told me that he will pay back by cheque, DD or cash and if he pays by cash, I should write him back a receipt for the same.

Can anyone advice me on the format of the receipt (what to write in it). I do not want to write anything which dilutes his laibility to pay me back.

 

Is this content right:

---------------------------------------------------------------------------------------------------------------------

Date:

Received Rupees _______________ (in words:_________________) from <Builder's Name> on __________________ in connection with terms of agreement as per Certificate Number:    ***************  (Certificate Issuing Date:  ********* ; Unique Document Reference: *************) in cash. The cash was given by _________________ on behalf of <Builder's Name>.

Signatures:

---------------------------------------------------------------------------------------------------------------------

 

Please advice. I will be very thankful. Is mentioning the details of the agreement not necessary or will it help (or it can be disadvantageous)?

Also, will printing this receipt on a simple blank A4 Sheet and signing it serve the purpose?

 

 



Learning

 4 Replies

Adv. Yogen Kakade (+ 91 9225510883)     03 November 2015

Hi,

If your builder is paying the amount by cash, then in such case we have to see How much is the amount? If the amount is quite higher ( I mean more than 50000 ) then its going to be a problem.

If he is paying you by cheque or DD.. then in the receipt, just mention the purpose of payment along with the cheque or dd details and the names of the issuing parties.

Keep the acknowledgement copy with you safely.

Adv. Yogen Kakade, Pune

juryconincorporation@gmail.com

www.juryconn.in

Anil Upadhyay (Lawyer)     03 November 2015

Clear the mode of payment used by you, while making payment to builder and whether builder issued any receipt to you.

If you paid the amount in cash, without any receipt, then your receipt or payment through cheque/DD by builder, might put you in trouble.

Provide all the details in respect to transaction then we will be able to guide you.

Thanks

Vaibhav Dixit (IIT Guwahati (B.Tech.))     03 November 2015

I paid the money through cheques. Also paid Rs. 2 Lakh in cash  and got everything mentioned ina greement (Cheque dates and numbers, cash detail and date).
Since I paid Rs. 2 Lakh on the day of agreement being made, i made a mistake of not taking a reciept of it. I thought that the cash beig mentioned in agreement and the builder acknowledging it would suffice.

Anil Upadhyay (Lawyer)     03 November 2015

Ok,

Ask the builder to pay back money in same mode and provide him receipt in same manner as given by him, otherwise he can manupulate facts after paying you 2 lac in cheque or DD, which you paid in cash. 

..

Thanks


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