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Case of intimidation and extortion


13-Aug-2023 (In Criminal Law)
I bought a second hand car ..in cash..o receipt of payment.have a notarised affidavit of sale signed by seller and me with payment amount written and sale details...seller not willing to give NOC for transfer of ownership..after one year lawyer notice sent by seller that car has been stolen by me ..return car or pay more than two lacs ..what are my options..and recommended course of action
Answers (3)

Answer #1
874 votes
You need to immediately Hire an advocate in this regard and you have to reply to that notice ..simultaneously you have to get the police complaint drafted that he has given false facts to police so that section 182 shall be attracted on him … . thank you n b in touch
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Advocate D. Khan

Adv. D. Khan

LawRato Delhi | 1000+ Answers
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Answer #2
688 votes
Hi, If you have a notarised document which contains the terms, conditions and obligations of the parties as well as the consideration and has been signed by both parties it can be treated as a valid contract. On the contrary if only the seller has signed said document, it can be used as evidence to prove the existence of an oral agreement pursuant to which the sale took place. Either there is sufficient evidence to refute any claim that the vehicle was stolen. You may approach a civil court to get appropriate orders directing the seller to give the NOC. One additional thing that must be considered is whether the cash payment was of an amount greater than 2lakhs which would contravene section 269ST of the Income Tax Act exposing you to a penalty of up to 100% of the amount paid. Please feel free to contact me for a consultation.
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Advocate Kunal Srivastava

Adv. Kunal Srivastava

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Answer #3
838 votes
First of all you should immediately inform the police about this matter because if the vehicle is stolen and is used for some unauthorised purpose then you will be in trouble. Then you can send him a legal notice regarding your grievances. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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