source of money(sale consideration in a suit for specific performence

vinod bansal (Querist) 24 October 2010 This query is : Resolved
R/Experts
I intends to file a suit for specific performance,i have no documentary proof & written transactions in my account books, regarding source of money , total sale consideration is Rs. 35 lacs)what is the impact of this lacuna in my proposed suit in given facts.Kindly suggest.Thanx n Regards

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Devajyoti Barman (Expert) 24 October 2010
Then I think your case does not have any merit.

niranjan (Expert) 24 October 2010
In that case how can you prove your ready and willingness to perform the codntract ? In any way you have to show that you have money. Show them as loan from relatives or friends.

vinod bansal (Querist) 24 October 2010
R/Niranjan ji
My presence with sale consideration was marked by Sub Registrar/tehsildar in Sub Registrar office on my application in which it was specifically mentioned that as per sale agreement today i come present here with remaining sale consideration and i am ready and willing for execution of sale deed ,but vendor could not come present,i thereafter served a legal notice requesting vendor to coime and execute sale deed within 15 days but all proved futile.

adv. rajeev ( rajoo ) (Expert) 25 October 2010
If you filed a suit for specific performance, be prepare for the cross examination. You ask your advocate regarding if the question arises on source of income.

G. ARAVINTHAN (Expert) 25 October 2010
readiness and willingness are important in Suit for Specific Performance.
You need to prove your readiness with your money transactions.

s.subramanian (Expert) 25 October 2010
As per law,readiness and willingness does not mean that you should have liquid cash with you always. If you are able to prove that your presence at the registrar's office was only with the balance sale consideration with independant evidence,you shall succeed.