manoj (pqr) 08 October 2012

Importance of oral sales agreement to court

My mother owns a plot. (In Maharashtra). One person (Cheater of class 1) (We don't even know him) has filed a special civil suit against this property claiming that we have made an oral sale agreement with him to sell this property to him. That person has also specified imaginary sale amount and many other terms in his so called oral sale agreement. Like
- We have received Rs. 1000 as a token amount in front of 2 eyewitnesses.
- We should register this property within 7 days, and if we failed to do so, then we will be responsible to all the loss. Etc....

   He has also demanded stay order on the sale of this property. However we don't have any plans to sell this property in near future.

   In law suit he has attached a 7/12 certificate of the plot, which clearly mentioned my mother as the owner of plot. There is no written evidence which confirms the oral sales agreement.

   Now my questions are,

1. What is the importance of oral sale agreement to the court?
2. What is the importance of eyewitness in this case, as they will definitely speak in that cheaters favor.
3. What further steps I can take to make this case stronger.

     Thanks in advance.

Reply Follow

4 Replies

Raja (XYZ) 08 October 2012

if your case in pending at lower court, then evidence has to be accounted. however you can cross examine and make a favourable situation. but overall, it is difficult to sell, without the consent of the owner.

S Jadhav 98336 98330 (Jadhav & Associates) 08 October 2012

Immovable property cannot be transferred on the basis of oral agreements. The document has to be registered and stamped with proper stamp value.

Whatever the person may claim you do not have to worry about it. But take precautions. Please file a case in the local police station and also write to the concerned registrar that you have not executed any agreement to transfer the said property or given any power of attorney and that they should not register any document related to the property without due notice to you.

Please do not get scared of such people if you have not done anything wrong.

S Jadhav

G.D GEMINI (PROPRIETOR) 08 October 2012

TEXT MESSAGE

G.D GEMINI (PROPRIETOR) 08 October 2012

THERE IS LITTLE SIMILAR CASE. ONE MR. RAJU MADE AN VERBAL AGREEMENT WITH DINESH KUMAR FOR SALE OF HIS PLOT AND RECEIVED ADVANCE 7 LACS BUT AFTER TWO MONTHS HE CANCELLED THE AGREEMENT AND MADE PAYMENT OF RS.8 LACS INCLUDING INTEREST AND PENALTY IN LUMPSUM. DINESH PRESENTED THE CHEQUE FOR CLEARING BUT DUE TO INSUFFICIENT FUNDS IT IS DISHONOURED FOR WHICH A COMPLAINT U/S 138 IS PENDING WITH THE COURT.

NOW KINDLY ADVISE WHETHER DINESH CAN FILE A SUIT FOR SPECIFIC PERFORMANCE TO GET THE SALE DEED THROUGH COURT WHILE NOW THERE IS NO WRITTEN AGREEMENT BUT ONLY DISHONOURED CHEQUE AND ITS COPLAINT BEARING CONTENTS OF SALE AGREEMENT IS ONLY THE EVIDENCE.

REGDS

G.D GEMINI