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love aggarwal (computer eng.)     22 September 2014

Can i reply to legal notice of an advocate

Dear sir,

is it possible that a person can reply to legal notice of an advocate and if there is no signature of any party present on the construction contract ( aapsi ikrarnama ) as somebody try to black mail and try to get some kind of monetary gain by extorting money from me on behalf of contract on which no signature present and even he didn't complete the work describe in the contract with in the time and amount.

plz reply.

8882125382



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 5 Replies

Hardeep (Business)     22 September 2014

Yes of course you can reply to an Advocate's notice. But note that it can be used as evidence .

 

As for unsigned contracts :

1) In Law even Oral Contracts are valid. Evidences have to be lead by both parties in their support. Of course a much heavier burden lies on the party alleging such a contract.

2) These evidences can be payments, receipts, discussions, e-mails, verbal statements, witnesses deposition proved etc..

 

See for eg ; Brij Mohan And Ors vs Smt. Sugra Begum And Ors on 19 July, 1990 Where held :

1) There is no requirement of law that an agreement or contract of sale of immovable property should only be in writing. However, in a case where the plaintiffs come forward to seek a decree for specific performance of con- tract of sale of immovable property on the basis of an oral agreement along, heavy burden lies on the plaintiffs to prove that there was consensus ad-idem between the parties for a concluded oral agreement for sale of immovable proper- ty. Whether there was such a concluded oral contract or not would be a question of fact to be determined in the facts and circumstances of each individual case.

 

So, for eg. if you got a document which you did not sign but work proceeded anyway with you not stopping it or clarifying it, it is a question then of evidences on both sides on what is being claimed now.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kumar Doab (FIN)     22 September 2014

Yes you can.

However it shall be better if legal opinion from an able lawyer is obtained and legal notice is replied by the lawyer.

love aggarwal (computer eng.)     22 September 2014

thanks 

but if in agreement the amount for all the points mention 4,80,000 and time to finish is 3 months, and the contractor didn't finish the work and claims that he puts his 6,30,000 then how is it possible and he never approach the owner for the increase of expense and demand at that time or at the time of construction is it possible in law to agree with the terms

that contract is of 4,80,000 and contractor put his 6,30,000

and according to agreement payment terms is of 50,000+ then 1 lakh then 1 lakh and remaining 2,30,000 on after completion and he stated that he received 3,50,000 and rest are pending

is it acceptable term.

regards

Hardeep (Business)     22 September 2014

As far as I can see, the contractor can't cite this contract and can only claim verbal agreements with you. Which have to be proven / disproven with other evidences etc.

love aggarwal (computer eng.)     24 September 2014

only hand written descripttion of work and signed by labour/contractor/worker can be used as proof that we had employed that person can be a valid proof or not ?


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