Legal Question in Real Estate Law in India

Re: property Isssue

Not likely; Only that payment will be considered against which a receipt has been issued.

Has any court declared your father as 'mentally ill' and has anybody been appointed as guardian of his property?

Re: property Isssue

The fact that matters here the most is that whether your father did the deal before being mentally ill or during the period of his mental illness. Any payement without a receipt needs to be proved in the Court of law ie the builder will be put to strict evidences of the said payement.To clarify your query further we need the full details.You can contact us at Shilpi-+91- 9999207641

Re: property Isssue

Your question is whether the claim of the Builder for enforcing the deal would be accepted by the Court without receipt of Rs.3 lakhs stated to be paid in cash.

Well, it would depend upon a lot of factors.

As fars as payment of Rs.3 lakhs in cash is concerned, if there is no written receipt, he may prove it by oral evidence by producing some person(s) as witness in the court who would say that he had seen him paying Rs.3 lakhs in cash to your father. Your father's advocate, would, of course, have a right to cross examine such a witness, to disprove his testimony.

However, if you want to avoid this deal, then you will have to take proper defences against this deal like inadmissibility of agreement under Indian Stamps Act, prohibition under Specific Relief Act, non-readiness and non-willingness of builder to pay the balance money, etc.

Sunil Goel, B.Sc., LLB, LLM

advocate, New Delhi

Re: property Isssue

Receipt is one of the modes of proving payment. However, receipt is not the only mode by which payment can be proved. There are several other ways by which one can prove the payment.

In case, the builder proves payment as per the law, then the court will accept the same.