Validity of Oral Agreement

Querist : Anonymous (Querist) 13 May 2010 This query is : Resolved
Hi,
Can someone please let me know if a verbal agreement for sale of immovable property with vague terms is enforceable by law if token money is paid by cheque but no other agreement is arrived at.
Also, what is the validity of sms or emails or recorded phone conversations to establish such verbal agreement?
Can one claim compensation for the token money paid Eg : 4 times the amount paid as token.

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Querist : Anonymous (Querist) 13 May 2010
Can one use a verbal agreement to enforce a contract per the Specific Relief Act or Indian Contract Act with regards to sale of immovable property.
How would he prove validity of verbal agreement?

R.R. KRISHNAA (Expert) 13 May 2010
Dear anonymous,

Oral agreement of sale is enforceable under the law of specific relief.

It shall be proved by letting in evidences of witnesses or the instances of acts performed by parties in pursuance of the agreement or payment made towards same (token amount) etc etc.

The email and phone conversations are valid and can be considered by courts as evidences.

But one cannot claim compensation 4 times of token amount in the absence of written agreement to sell.

Best of luck..