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Adv. Sagar R. Jadhav (Proprietor)     15 June 2013

Oral agreement

Whether Oral agreement is come under any law or provision and if yes then under which?

I am expecting your guidence.

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 June 2013

There is no special provision for oral agreement. However, general rules of contract act are applicable. Go thru the Indian Contract Act.

reejas (advocate)     15 June 2013

u ahve to check out contracts act or transfer of property Act . If im not wrong oral Agreement is not considered during litigations.




Agreed with Adovocate Archana.




Jayendra Sevada (Advocate)     16 June 2013

Dear Jadhav,


You have not rightly mentioned your query as you have not based your query on the factual matrix of your case. Their are several judgments which accepts oral agreements. So it is requested to you to kindly tell us the facts of your case.

Adv. Sagar R. Jadhav (Proprietor)     17 June 2013

Facts of case are in one civil matter Plainitff doesn't have any written agreement / contract therefore Defendant can take defense that the this case is not valid in law due to non-availiability of wriittten contract or agreement, but there is oral agreement between the parties.

So anyone can refer me any judgement ragarding the same so we can take proper steps for the same.

I am expecting Your proper guidence.

Jayendra Sevada (Advocate)     17 June 2013

/look again you have not given the facts. Civil matter can be of any nature. So please tell us the facts properly i.e. is it a matter of immovable property

Adv. Sagar R. Jadhav (Proprietor)     17 June 2013

Declaratory suit filed by plaitiff in small cause court aginst defendant for declaration of tenant, but he doen't have any agreement with the Respondents but he is having all other proofs like rent receipts etc.

Jayendra Sevada (Advocate)     17 June 2013

Kindly tell us the prayer clause.

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     17 June 2013

Dear Sagar,

As in your earlier comment have mentioned that plaintiff have rent receipts the same is more than enough to declare the tenancy...go ahead no agreement needed.

reejas (advocate)     19 June 2013

u appear for whom?

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