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I wish to return token money and collect back receipt given
01-Sep-2023 (In Property Law)
I dealt with a party for sale of 2 plots and collected rs 51000(CASH) as token money mentioning that i have received "token advance towards sale consideration of------ ".I signed the plain paper and handed it over.All other discussions and agreements were verbal only.Now , i do not wish to proceed with the transaction and i have offered him to collect the money.He refuses to collect and has sent me a legal notice saying there is an agreement b/w him and me.WHAT ARE MY OPTIONS? is that plain paper binding on me.can he pay stamp duty later to legalize that document .
Hi
Any agreement on plain paper is null and void.
Only registered agreements are valid in court of law.
Without you signing the registrar office, he cannot legalise the document in whatsoever manner.
Courts in india do not accept agreements written on white paper.
Section 17 b of Registration act 1908 will apply in your case.
17. Documents of which registration is compulsory
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]
Hope this helps
Any agreement on plain paper is null and void.
Only registered agreements are valid in court of law.
Without you signing the registrar office, he cannot legalise the document in whatsoever manner.
Courts in india do not accept agreements written on white paper.
Section 17 b of Registration act 1908 will apply in your case.
17. Documents of which registration is compulsory
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]
Hope this helps
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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