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Padmanabhan (Software Devloper)     08 November 2011

Is revenue stamp legally admissible document

Hi,

 

I recently bought a two wheeler from an induvidual. I made the transaction in cash. But I got him to since a reciept of money with revenue stamp on the same.

 

Now the deal has run into trouble and is being reverted. But the person is not paying up. Will this document considered a legally valid document? 

The reciept was written by the seller personally.

Also, When i returned the vehicle to the person, i got him write on a paper that he has taken custody of the vehicle on such and such date. Is this a admissible as evidence that the vehicle is now with the seller.


Please note, I am still retaining the original papers of the two wheeler.

Thanks

Padmanabhan



Learning

 8 Replies

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     08 November 2011

More specific information would be required. However, from the given facts both the docuements have evidential value. However, for concrete opinion the documents have to be perused. 

1 Like

(Guest)

it is a sale of goods movable property.  The receipt is the good proof of sale.   you can prove the sale of two wheeler

1 Like

sridhar pasumarthy (ADVOCATE)     08 November 2011

Dear Padmanabhan,

What I understood is that you obtained a reciept from ur seller and it bears revenue stamp.  Similarly, when the deal was cancelled, you obtained a letter from ur seller stating that he has taken back his vehicle.  

Your problem appears to be that ur seller in spite of taking back his vehicle, he has not repaid ur amount.

You can file a suit for recovery of money on the basis of the aforesaid two documents.  Those two documents are admissible as evidence in court of law.

Better to seek attachment before judgment of the vehicle for easy recovery of your money.

1 Like

Padmanabhan (Software Devloper)     08 November 2011

Hi All,

Thanks for the reply. Even I am considering filing a police complaint based on these documents and then also if the person does not pay up take him to court.

 

The document of money paid states the name and address of the seller, amount recieved, my name and adress, the chassis no of the vehicle and the registration number. It also has the name of the original owner (n whose name the vehicle is registered in RC).

 

Just one clarification, on the letter that he gave me when he took the vehicle back there is no revenue stamp. Will this affect my case?

 

Thank you all for the support.

Thanks

Padmanabhan

 

sridhar pasumarthy (ADVOCATE)     08 November 2011

Dear Padmanabhan,

No, it will not affect your case at all.  Go ahead. All the best.

1 Like

Padmanabhan (Software Devloper)     08 November 2011

Hi, Thank you so much.

 

Regarding the process. I will have to first file a police complaint. Then see lawyer, issue legal notice and then file the case?

If I have to go for a lawyer and have to go to court, can I claim losses from the seller, like interest on the money and expenses that I had to bear (like legal help costs)? 

Also, the reason for me to revert the deal was that while selling he had said that the manufacturng year on the vehicle is printed incorrectly and that he has no way to correct the same (There is no written evidence to prove the same).

When he said the same, I got suspicious and wrote an email to the manufacturer of the vehicle who inturn replied that the manufacturing date is correct. I returned the vehicle on the same day. Is this email an admissible evidence?

Thanks

Padmanabhan

sridhar pasumarthy (ADVOCATE)     08 November 2011

Dear Padmanabhan,

In case u file a suit and if u succeed ultimately, court will award costs of litigation and also interest provided u seek for the said relief in the suit.

Yes, emai is admissible  evidence.

1 Like

Padmanabhan (Software Devloper)     08 November 2011

Hi Sridhar,

 

Thanks a lot for all those info. Will keep the progress posted.

 

Thanks

Padmanabhan


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