Can a sale agreement be considered as proof of payment?

Sisodia Ekansh (Querist) 23 May 2024 This query is : Resolved
a home buyer purchased a property from a builder. They executed a Sale Agreement which was registered. The sale agreement mentions the full consideration being paid by cheques. But actually it was paid by CASH. Can a sale agreement be considered as a proof of payment by NCLAT?

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This discussion explores whether a registered sale agreement, which states payment was made by cheque, can be considered proof of payment if the actual transaction was in cash. The consensus suggests that if the seller has acknowledged receipt of the full sale consideration, the registered agreement, signed by both parties, can be deemed as evidence of payment, even if the payment method differs from what's stated.

T. Kalaiselvan, Advocate (Expert) 24 May 2024
If the seller has acknowledged the receipt of payment towards sale consideration amount then it can be considered as an evidence for the payment made.

SIVARAMAPRASAD KAPPAGANTU (Expert) 24 May 2024
What exactly you mean paymeny by Cheque in Agreement and actual payment by cash?

kavksatyanarayana (Expert) 24 May 2024
When a sale agreement is registered to mention the consideration being paid by cheque, how did you spend the cash? Is there any proof for it?

Advocate Bhartesh goyal (Expert) 25 May 2024
Since the sale agreement has been signed by both seller and purchaser and it is registered also so contents of sale agreement will be deemed as correct and proof of payment.

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