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unique horn (self)     11 April 2010

ORAL SALE VALID?

HELLO, PLEASE HELP ME DOES ORAL SALE VALID?

(POSSESSION WITH ALL RECORDS FOR MOVE THAN 12 YEARS)



 4 Replies

niranjan (civil practice)     11 April 2010

It may amount to adverse possession if  you are in possession of the property uninterrupted by the real owner and to his knowledge,but you will have to prove that in the court. There cannot be oral sale.

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 April 2010

Oral sale  is not valid. Even written sale is to be registered to make it valid.

1 Like

AEJAZ AHMED (Legal Consultant/Lawyer)     12 April 2010

Dear Brother,

In addition to the reply of  our learned friend Mr. Niranjan, first I want some clarifications from you about :

 

" WITH ALL RECORDS "

 

i) What do you mean by "Records"..?

ii) What are the "Documents", you are possessing for more than 12 Years...?

iii) In whose favour/Name those "Records", you are possessing..?

   

Secondly I want to submit that in one of the Judgment AP High Court held and observed that:

 

" It is well settled that an oral agreement is legal and valid inasmuch as written agreement of sale.....Under section 54 of the Transfer of Property Act it is not necessary that an agreement of sale should be in writing and that there is no prohibition against an oral contract of sale. In every case where the plaintiff comes up with the plea of contract of oral sale the burden is upon the plaintiff to establish by cogent evidence that such an oral agreement took place between him and the defendant or defendants ".

 

Kindly go through the attached Judgment: 


Attached File : 37 37 moturi seetaramabrahmam vs bobba rama mohana rao others on 17 july 2000.pdf downloaded: 124 times
1 Like

bhagwat patil (Property due diligence 9422773303)     12 April 2010

The oral cotract is  valid but rather difficult to inforce by law .

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