Bayana amount not mentioned in sales deed
Priyanka
(Querist) 15 February 2016
This query is : Resolved
Dear Sir,
REQUEST you to please suggest , My father has purchased a property in year 1980 , he paid the bayana amount of Rs-500 /- , and total property value was 17000/- ,, in the sales deed registration the amount mentioned was 5000/- vide DD in year 1980.
The bayana amount is not mentioned in the sale deed , and sale deed also doest mention when to pay the balance amount , .stating the bayana amount is not mention in the sale deed , and it is fraud not to mention bayana amount .
Please suggest how to counter the said point in CIVIL suit , waiting for your response .
Thanks You
Regards
Priyanka
Adv. Yogen Kakade
(Expert) 15 February 2016
Not mentioning the advance amount paid in the sale deed can not be called as fraud as the agreement of sale deed is executed and the terms of the deed are agreed and accepted by both the parties.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Kumar Doab
(Expert) 15 February 2016
What is the civil suit filed as posted by you?
What is the opinion of your own lawyer in this matter?
Priyanka
(Querist) 15 February 2016
The CIVIL suit is :- Partition and Injunction
Our lawyer says :- How come BAYANA is not a part of sales deed , how come bayana receipt value is different from Sales Deed amount, asking from us , Please suggest .
REQUEST you to please suggest , My father has purchased a property in year 1980 , he paid the bayana amount of Rs-500 /- , and total property value was 17000/- ,, in the sales deed registration the amount mentioned was 5000/- vide DD in year 1980.
Rajendra K Goyal
(Expert) 17 February 2016
After registration of the document and passage of more than 35 years, any claim based on bayana has little merit.
