• Booking of commercial flat

I have paid an amount of Rs.25000/- as booking advance for a 300 sq ft commercial stall. The builder has given a money receipt signed with his seal but without any revenue stamp. Now he is not coming forward to sign any registered agreement nor he is entertaining me. I have decided to approach Court. So, whether the money receipt without revenue stamp will be a valid document for the same ?
Asked 8 months ago in Property Law from Guwahati, Assam
Religion: Hindu
1) how was money paid ? by cash or cheque? 

2) you can rely upon receipt issued by him . 

3) the builder cannot object to admissibility as it was his duty to affix revenue stamp on the receipt 

4)you can also file complaint of cheating , criminal breach of trust against builder 

5) you can move consumer forum against builder for deficiency in service and seek orders to direct him to deliver the stall booked by you for earning your livelihood 
Ajay Sethi
Advocate, Mumbai
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 do declare payment amount of rs 25000 to builder in your income tax returns filed by you 
Ajay Sethi
Advocate, Mumbai
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money recipt is valid document to establish prima facei case.  court will admit your case. it is not mandatory that money receipt should be registered but it should be signed. this receipt shows that money is transferred for discharge of a liability. 

you should file either civil suit or file case before consumer forum.  
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Yes, definitely, the money receipt without revenue stamp is valid.  You file a case in Consumer court.  
Ravinder Pasula
Advocate, Hyderabad
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68 Consultations
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In the absence of sale agreement, you cannot file a suit for specific performance of contract, but you can file a suit for recovery of money.
If your lawyer can draft a notice instructing him to perform his part of contract and register the property within the stipulated time after taking the balance of sale consideration amount  on the basis of oral sale agreement, you may proceed with the enforcement of the sale agreement seeking to direct him to execute a registered sale deed in your favor through court of law.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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The payment made was by cash.

This can be mentioned in the notice as well as the plaint of the suit. This is very much valid if you can gather anyone as a witness to this transaction.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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The receipt does not bear a revenue stamp. If he is not signing the agreement then issue a legal notice to demand the refund of the money. The receipt is valid if it bears the seal and signature of builder,
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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