HELLO, PLEASE HELP ME DOES ORAL SALE VALID?
(POSSESSION WITH ALL RECORDS FOR MOVE THAN 12 YEARS)
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.
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.
AEJAZ AHMED (Legal Consultant/Lawyer) 12 April 2010
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:
bhagwat patil (Property due diligence 9422773303) 12 April 2010
The oral cotract is valid but rather difficult to inforce by law .