1. You may support bill along with amount paid through cheque see since this is the bill also you may pray before court and ask contractor to present before court as witness.
Validity of handwritten (kaccha) bill in court as evidence for construction work done
Hi, My mother is a co-owner in an agricultural land in Gurgaon with 3 other co-owners. The partition suit for the land is ongoing in Tehsil. While the partition suit is pending, co-owners are taking possession of different portions of the land by creating fences. We too have created fence around 1/4th share of land. The vendor who has created the fence has given us a handwritten (kaccha) bill (on a printed bill pad paper) for services rendered. He says that this is the only type of bill that he gives. Other vendors there too follow such practice.This isn’t a computerized bill and he hasn’t mentioned any GST or any other tax on that bill - neither has he paid these taxes. We have made the payment by cheque (50 percent) and cash (50 percent) to him. Now we are worried that if suppose at a later stage some other co-owner falsely claims that this fence was created by him would that bill hold as a valid evidence in district/revenue court? He can also bribe the vendor for this purpose. What can we do to make sure that our ownership of fencing is established before court - in case of future disputes?
Asked 4 years ago in Property Law
Religion: Hindu
29 Answers
You cannot prove by only a bill that this fence was done by you.
Get the videos and some pics done.
File complaint against the vendor for tax theft.
1) you should not rely upon handwritten bill
2) insist on bill which mentions amount paid for services rendered . GST should have been paid by the contractor
3) kacha bill would not be admissible in evidence
The basis of title of your mother is not clear. If she had purchased the property from the lawful owner by way of registered deed of sale on payment of full consideration then katchha or pucca Bill doesn't cause any difference.
So keep continuing her physical possession. The suit for partition would certainly declare her share and physically demarcate her share.
Yes,Definitely it would be useful for you as secondary evidence as per Evidence Act but later you may examine the Vendor on oath before the Court or by affidavit before revenue officer for proving the same as primary evidence.
It is helpful. Pl preserve it with full particulars.
Since it is the prevailing practice to issue such receipts only by the vendors, you do not have to be worried about it.
In case the other shareholders create any problem in this regard at a later stage , you can produce this original receipt issued by the vendor and if necessary you can summon the vendor to court to depose evidence based on the receipt he had given.
This will take care of the legal issues that may arise at a later stage.
Kacha bill have problem in proving the same but it can be proved in other way like with witnesses.
File a civil suit for declaration.
You should have the possession of the property which you have right now.
Other than that you can't force him to make you a computerised bill as he doesn't have one. He is not liable for anything as he constructed the fence on your instructions and you have the possession. A person my claim only if he takes possession from you.
Thanks for your valuable responses. I have few follow-up questions: 1) What we have created are aluminium fences around a portion of land. Is creating a brick boundary wall in anyway better than an aluminium fence in eyes of law for claiming possession? 2) If we create a 10*10 ft room on the land (the total land area is above 20,000 sq ft) would it make our claim on possession in court stronger compared to just having a brick boundary wall or an aluminium fence? If yes, why is it so?
Asked 4 years ago
It is immaterial whether it is brick wall or aluminium fencing
2) if there are no stay orders passed you can constrict room on your plot
3) it would prove your possession of plot of land
1. Boundaries are never a criteria of possession in court. You can create it for your personal requirements
2. No
Not much difference between aluminum and bricks.
Breach of law is no exception to hight, area,breadth and Galloway.
You have to bring on record by cogent and direct evidence about your title, interest, occupation and possession over the disputed property.
1. No
2. No
1. A boundary fence around your property is put up to secure your property and for safety purposes against the encroachment or land grabbing.
Therefore there is no legal infirmity in whatever mode you may fence the boundaries of your property.
2. A small room built in the open and vacant land would establish your possession and enjoyment of the property, in addition you may also try to obtain electricity connection on your name to substantiate your claim for an uninterrupted possession and enjoyment.
- It is not mandatory to produce the computerised and legally taxes paid bill before the court for proving your case.
- Further at the time of evidence , the court can call the said vendor to certify the said kacha bills.
- Further , if your mother is the co-owner of the property , then she can also produce the proof of the same before the court.
- Further , if the said property has not been partitioned , then she should file a Partition suit for getting her share legally.
1. Yes
2. Yes, you can produce the proof of possession of the said property after constructing a room .
I don't think so. Encroachment is illegal in the eyes of the law irrespective whether that encroachment is claimed through a brick wall or a fence.
If found to be an encroachment the court can certainty remove the same.
1. Creating a wall have no legal value. Possession doesn't need walls to be justified. If the possession is legal than no wall is required.
2. Same as above
1. No it does not make any difference both are demarcating the area.
2.See if you are in possession of the property creating or not creating a room will make no difference. Your possession should be clear and undisputed.
is there any stay order given by Court?
if no, you construct brick Boundary wall.
Thanks for your valuable responses. I have one more query. Isn't a boundary wall/fence that completely encloses a plot of land, a sufficient proof of possession in eyes of law? Is it necessary to have a room on the land to prove possession?
Asked 4 years ago
boundary wall/fencing proves that you are in possession of land
advisable to carry on construction on land as per sanctioned plans
get assessment of your house done
Fencing is enough proof of possession.
Boundaries, room with some human beings would suffice the possession of property and land under your control.
- No, a boundary wall or to have a room on the land , is not necessary for proving the ownership of the land.
- The necessary part of property is title documents of that property , and its possession.
- Such type of fencing or a room on the land is needed to remove trespasser , who wants to illegal occupied a vacant land .
See a boundary wall, gated fencing is proof of possession over property making a room is not necessary or mandatory to show such possession.
No, wall doesn't have any relevance with possession
No it's not necessary to have room on the land for the establishment of possession
Even you can Fence with WIRE.
No, a vacant land with boundary wall doesn't indicate possession. Possession always mean physical possessions.
If you rely upon this boundary wall to establish your possession and enjoyment of the property, then it would be sufficient, it depends on how you convince the court with the available evidences in yor possession.