Cancellation of Token Money Receipt(Visara Pawti)
Rohit Telang
(Querist) 02 September 2009
This query is : Resolved
Sir,
My Father-In-Law has a plot at Pimpri,Pune of 3000Sq.Ft.On behalf of my F-in-law,I made a Visara Pawti(Token money receipt)with a prospective buyer on a notorised stamp paper of Rs.100/- in Oct08.He paid me a cheque of Rs.50,000/-with oral instructions not to deposit the cheque.Hence I did not deposit the cheque.which has become time barred by now.As per the Visara Pawti,I have to acquire the necessary legal documents like Gunthewari etc.Since Gunthewari is not opened by the Govt.I could not do it.I have all other legal docs.like 7/12,Index 2.Zonal certificate etc to make the agreement.But the buyer insists that I do Gunthewari first before he can buy the land.There is no time limit given in the Visara Pawti and it shows that I have accepted the token amount by cheque no....,although I have not deposited the same.The buyer is not allowing me to sell the land to others saying that I have to obtain his Noc.His brother was a ex corporator for many years.I have got the following questions.
1.Is Visara Pawti valid ,as I do not possess the power of attorney nor the Visara Pawti registered.
2.Can I cancel the Visara Pawti? and how to do that?
3.As the buyer is a influential person can he fraudulently change the name of owner in 7/12 document or make a fraudulent agreement with a third party?
4.Can I force him legally to buy the land at the agreed price of 32 lac?
I will be highly oblidged if you answer my quries.I feel very much distressed.The buyer and his lawyer took advantage of my ignorance and made the visara Pawti.
Raj Kumar Makkad
(Expert) 03 November 2009
The visra pawti issued on your part on behalf of your FIL donot boudn him to respect it and you can get it cancelled and can return the time bound cheque. You cannot bound the byer to purchase the land as agreement itself is void ab initio. You ar neither owner nor POA of your FIL.
