Payment taken for property sale without any agreement

Legal student (Querist) 28 December 2009 This query is : Resolved
ear All,

One and half year ago my client had given advertisement to sell falt. One party given cheque of rs 1 lacs and cash of 50000. MY client has deposited cheque and given reciept of rs 500 for cash payment. Thereafter buyer was not willing to buy house and client has given advertisemtn and sold out flat to another buyer after six months.

Now my client and fist buyer did not enter into any contract or agreement. there was one bank transaction and one cash transaction.

The first buyer has made police complaint against my client on the ground of fraud that my client has taken money and sold flat to another person.

Police has closed the complaint on the ground that it is civil matter.Now first buyer will applea directly into court.

Can anyone advise about what is the position of law in this matter? Can anyone claim payment made without any contraction evidence.?

Can my client can claim that payment made for professional services / remuneration and not for house sale?

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Guest (Expert) 28 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1.KINDLY NOTE THAT PAYMENT MADE BY CHEQUE AND CASH TOWARDS HOUSE AS PER ADVT.
2.IT IS A FACT THAT PAYMENT WAS RECEIVED BY THE PERSON.STILL THE SAME FLAT WAS SOLD TO ANOTHER PERSON.
3.THE PERSON WHO HAS MADE THE PAYMENT MAY FILE A CIVIL SUIT FOR RECOVERY OF PAYMENT MADE BY HIM AND ALSO CLAIM FOR ISSUE OF FLAT TO HIM AND ALSO PRAY FOR CANCELLATION OF SALE MADE TO SECOND PARTY.
4.COURT MAY HEAR BOTH SIDES AND PASS JUST AND PROPER ORDER.
4.KINDLY NOTE THAT THE PERSON WHO HAS PAID INITIAL AMOUNT FOR PURCHASE OF FLAT MAY ALSO FILE A CRIMINAL COMPLAINT AT THE CHIEF JUDICIAL MAGISTRATES COURT UNDER SECTION 420 406 ABD OTHER PROVISIONS OF I.P.C.PLEASE NOTE.
YOU MAY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Raj Kumar Makkad (Expert) 28 December 2009
I have opposite opinion of Sawant.

How can the opposite party prove without any document that the payment was made against the sale of flat and further the temrs and conditions of sale and further the failure of the defendant to execute its registered sale-deed in his favour of further that he had given any notice or further that any date of registration was fixed or that he was present before the office of the registrar to get the deed registered in his name and it was the defendant who failed to appear there etc.etc. are very important points which are required to be fully satisfied by such party.

You client can even say that the payment was made by the opposite party against an oral debt. Loan paid and matter ended.

Ashok Yadav (Expert) 29 December 2009
As you told that there is one reciept of Rs. 50,000/- cash, wht is the language of that reciept it is the point, if u have not write any thing about sale purchase of flat in that reciept then u should go with th eadvice of Mr. Makkar, if it is written in that recipt then it will be difficult for u to deny.

Legal student (Querist) 29 December 2009
Yes Sir,
thanks for really good inputs. As client has suffered losses he is not willing to compromise neither opposit party.

- client has given reciept of 500 rs without mentioning anything. But opposit party has proof that he has withdrwan money from bank and he has witness

- After 15 days of reciept of first payment client has given again advertisement of sale of flat as opposit party told he will not be able to buy.

-flat sold after six months after reciept of payment from first buyer (opposit party) at lower price

Now there is no doumcnet/contract anything between client and opposing party excpet 1. reciept of rs 500 and 2. cheque deposited in bank

so if you give final view it will be helpfull

Payment taken for property sale without any agreement

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