Dear Lawyer, I am SELLER of a RESIDENTIAL PLOT in Indore, MP and the buyer of property is also based out of Indore, MP. 1) I had made a deal with broker to sell my plot, he had the property details, my name and timeline and payment details written on a notebook paper, which I had signed. It had mine (seller) and broker's name. Buyer name was not mentioned. It was also mentioned that I had received Rs 1 lac in cash as token amount. 2) There was NEITHER cancellation clause NOR details of buyer. 3) After 1 week, i canceled the deal with broker and told that i would refund his Rs 1 lac. 4) Now, the buyer (who i never met) approached a lawyer and sent a letter to me, claiming that I am not selling the property to him and intend to eat his Rs 1 lac, he had deal signed and there were 2 witnesses, which is false, as the deal was made between broker and me only. The Rs 1 lac cash was given by broker to me. Buyer or his representatives were not present. He wants to buy my plot. 5) Since there is no registered agreement or even anything on stamp paper, no cancellation clause on the notebook paper, I have few questions: a) If buyer approaches court with my sign on notebook paper, will it be acceptable in court? If not, even the lawyer knows this, why is he sending letter to me then, that if i do not sell, he will take me to court? Is the buyer and his lawyer just trying to scare or put pressure on me to sell the plot to him? b) How can I prove to court that the deal was between me and broker only, there were no witnesses, as the original paper is with broker/buyer, they could write anything below my signature. c) If the broker/buyer forges my signature on any other document to prove their claim in court, how can i disprove forged signature? d) Are the laws on selling immovable property same across India, or does it differ by state like MP? e) If I fight the case in court, how strong is my case vs there?
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Laws are same over in India
2) if your signature are forged rely upon opinion of hand writing expert to prove forgery
3) do you have copy of agreement ?
4) you must engage a lawyer and reply to notice that no such consideration was received by you from buyer but only broker and you are willing to refund money received to broker
5) buyer is forcing you to sell plot to you or pay some more compensation
a) an agreement can be verbal or written, registered or unregistered,
a plain paper is acceptable in the Court however the admissibility of any document is based upon the relevant facts and evidence,
b) you have to contest the case,
c) forged signatures can be proved with the help of a handwriting expert,
d) laws are same except some local state laws but in your case its same,
e) you have a good case, however, an intensive look of the plain paper is required to advice promptly,
you are advised to respond to the legal notice sent by the buyer through counsel,
Return the token to the broker under cover of your letter
In that letter state the fraud committed by him and also mark this letter to police
Reply to the legal notice by denying its contents and stating the true facts. Also write no further letters will be entertained. Mark this letter to the police as well
You can sell your property to any person
The concocted buyer and broker will have to prove their case if they claim that a deal was struck with you for selling the plot
Let them file the case if they wish to. They will have to prove their case in trial.
Only problem then would be any interim relief which they would pray and also the pendency of the suit may affect the salability of your plot
You can however file a criminal complaint against the broker and the made buyer and witnesses before the Magistrate court as well for criminal fraud, intimidation and blackmail
A contract can be verbal or written. In your case notebook paper is acceptable in the Court however the admissibility of the document is based upon the relevant facts and evidence adduced in the case. If you are rescinding the contract then it is your duty to return the money.
In a valid agreement / contract such as free consent, consideration, and competency of the parties, lawful object and consideration must be fulfilled. If any of the essential elements of a valid contract is absent, then the contract of sale will not be valid. Another essential element of a contract of sale is that there must be two parties to the contract of sale viz., seller and buyer.
Delhi High court in Nanak Builders & Investors Pvt. Ltd. v. Vinod Kumar Alagh, says that mere heading or title of a document cannot deprive the document of its real nature. It is the substance and not the form which matters. Where a document acknowledges receipt of earnest money/part sale consideration and contains all the essential and basic ingredients of an agreement to sell and is signed by the vendor(s), it would constitute a legal and valid agreement for sale.
Contest the case.
1. It is only a arm twisting tactics and a racket by Broker and the Buyer party, to pressurize /harass /threaten you into submission, apprehensively since the property might have increased its value or something else ....
2. The documents /notes /letters mentioned by you have no legal enforceable value, more so since you were involved with the broker and the buyer could be anybody (not the present buyer).
3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the Broker & Buyer, supported with all relevant supporting documents.
4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.
1. The note book mark will not be treated as sale agreement. The party, who is not a party in any contract cannot approach the civil court for filling suit for specific performance to execute the sale deed.
2. Issue a reply notice to the alleged buyer, who issued notice to you by refusing all the allegations. Also send a legal notice to the broker do not to engage in a deal with your property and return the advance amount by demand draft.
3. If you come to know that the broker had executed any deed by forging your signature, make a criminal complaint against him. The said forged signature can be proved before court by sending the said signature along with your original signature to the hand writing expert.
4. There is no separate law in MP, the law deals in property disputes in India is one and the same. You have a very good case. Just issue notices to the parties by engaging an advocate.
There shall be no case against you. Tell broker to inform the intending buyer to collect the money from you or give bank details so that you can refund the money to him.
You just relax . There is no reasons to be worried about.
1. Yes they are creating pressure on you , you can reply notice stating that there was no deal with the buyer. Also it may be case that on same paper the broker has taken signature of buyer and witnesses to prove agreement. You can reply to notice notice stating correct facts and stating that you don't know buyer and has not entered into any agreement with him
2. See if something is written after your signature we can dispute same the validity of single rough paper can be challenged.
3 Signature can be sent for.forensoce check with the writing expert.
4. Laws are similar.
5. See burden is on them to establish there case we just need to deny and you can also refund the broker amount and refund proof can be also used if they go to.court.
There are 2 scenarios in your case first need to check whether that agent/broker has a registered licence to run real estate agent services in your city. They have their association and in that the agent should be member of it.
1) We assume that he has all proper licence to run the real estate commission agent services. Now under this contract act, broker has to send you legal notice not the buyer because you have never had meeting with buyer for selling the plot. So you can reply to legal notice accordingly and making party to both first Agent and second buyer. Making not to sell plot a pressurized point to agent and refunding 1 lac.
2) If agent is not licence holder than don't reply to buyer legal notice ignore it, call to agent and return his token amount via email narrate all above points regarding cancellation of this deal.
3) Put a NOTICE BOARD on your plot that this plot belongs to you as a owner of the plot and not sold or made any selling transaction to anyone. If anyone has to contact to contact you and not to any agent.
Do let me know if you require any further help.
Yes they are trying to scare and pressurise you for selling property to him
He has to prove it primarily. They don't have any evidence. Only return of the token amount is enough in this matter. You can on the to of it file case for harrasment against them
If they forge and produce that in court they will be again in big problem. It will be proved in trial only.
No such specific laws to sell the immovable property. It's mostly common in India depending on contract Act snd sale deed.
Your case is strong
Dear Sir,
Sometimes, the deal may not go through and may be abandoned halfway, after the payment of token money or even after some of the payments have been made. The deal may be cancelled by either the seller or the buyer, for any reason.
If the seller backs off from his commitment to sell his property, there are no immediate financial implications, except that the buyer gets a right to file a suit for specific performance in the courts of law. However, this is generally not resorted to.
If the buyer backs out from the deal, the seller has the right to forfeit the token money paid. With respect to such forfeited token money, the buyer cannot claim any income tax benefit, as this is treated as a capital loss under the tax laws. However, the advance money/earnest money that is forfeited, becomes an income of the seller in the year in which the deal is called off. Such forfeited earnest money is taxed under the head ‘income from other sources’ and not under the head ‘capital gains’, even though the income is received with respect to a capital asset. Before the amendment of the law in 2014, the amount of forfeited earnest money was required to be deducted from the cost of acquisition of the asset with respect to which it was received, in the year in which the asset, which is the subject matter of the deal, was sold.
- An offer to purchase is a legal document and, once signed by both the buyer and seller, it becomes a legally binding agreement , and no one can change their mind without the consent of other party.
1. Since , you have taken the said token amount from the broker , in the absence of intending purchaser, hence there is no agreement between seller and the buyer as per law.
a. No,such type of paper will not be acceptable by the court.
- Yes, they are playing a conspiracy against you, to sell the property. You should lodge your complaint with the police and higher official against the broker and buyer for the conspiracy and cheating , threatening.
b. The said paper is manupulated by the buyer. Firstly you should reply the said legal notice after narrating the true facts, and further you should mention that you are going to lodge FIR against brother and buyer .
- The said paper will be verified by the witnesses mentioned therein. You can raise the issue that the none of the witnesses are known to you, because as per law, both witnesses should not be of one party of the agreement.
c. You can challenge the said forged signature before the court , and take permission from the court to send the same before FSL report.
- As per S.67 of the evidence act, the signature or handwriting alleged to have been signed or written should be proved.
- As per S.73 of the act, the court can direct the person to write to compare the signature and writing alleged to have been written or signed and compare with the document to be proved.
- If report in negative, then they will go behind the bar.
d.Same across India.
e, You will win the game , as i mentioned above.
- Send the Draft of Rs.1 lakh i.e.token amount with the reply of the legal notice as i stated above.
Good luck and dont forget to rating Positivley.
signatures on note book can be admissible in court of law.
But as you are telling that no consideration was mentioned on that notebook.
Reply to buyer that I don't have any deal with you and if you have any agreement with your signatures then they are forged signatures and you can initiate criminal case of forging the documents against buyer and broker.
You should return the money to broker through online transaction or cheque and ask him to return the notebook paper signed by you.
Agreements made on white paper are valid. In India even oral agreements are valid and enforceable, so an agreement made on white paper can surely be valid if it fulfills all other conditions under the law and as per the law.
engage a expert lawyer and reply to notice and contest the case on merits.
a. The case if goes to court will not be maintainable, however the court may direct you to return the amount received as advance, which you are already ready to do it.
They are just trying to put pressure on you, hence dont get scared, let them approach court also.
b. It is a matter of trial, you can confide in your advocate who will take care of the situation prevailing at that time.
c. Read the above answer.
d. The law is common across the breadth and length of the country.
e. You have a strong case to fight back, you may engage a skilled advocate to deal this case.
