cancelation of registered sale deed

Querist : Anonymous (Querist) 17 December 2009 This query is : Resolved
I bought agricultural land in Andhra Pradesh and got registered in my name. I issued the bank cheque for the sale consideration to the seller which was mentioned in the registered sale deed at the time of registration. But the seller did not deposited the cheque in his account and not informed me anything about it. One year after increases in property prices he issued a legal notice to me saying that he will cancel sale the deed on the ground that sale consideration was not received. what are my legal rights. And on what grounds I should fight.There was no complaint about lost of cheque.

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Devajyoti Barman (Expert) 17 December 2009
The buyer seems to have no case and still if he files any case then that be will nothing but harassive or frivolous one.

Raj Kumar Makkad (Expert) 17 December 2009
I can not understand if you are buyer then to whom you gave cheque?

You again and again have mentioned in the quarry that the "buyer did not deposited the cheque and further buyer sent the legal notice..............

How is it possible?

If you are buyer then he must be seller and not buyer as both cannot be buyers at the same time.

If seller has not used cheques mentioned even in the sale-deed then you buyer are not responsible for that. No action can be initiated by seller.

Sachin Bhatia (Expert) 17 December 2009
As you said the cheque for the sale consideration to the buyer was mentioned in the registered sale deed at the time of registration so you need not to worry, this will turn the case in your favour.

Shivasurya (Expert) 18 December 2009
Sale deed is bilateral deed and it should not be cancelled unilateraly any one of the party to the deed. In your case, if the seller threatens you as he will cancel the sale deed dont be afraid, he could not do so. If the seller really aggrieved any violation with regard to sale consideration, on your part, he can challenge the same only in the court of law by filing suit for declaration declaring the sale deed as null and void. if he do so, you can very well defend the case with a civil lawyer and you will be definetly succeeded in that case.

Ashok Yadav (Expert) 19 December 2009
If u have mentioned the cheque details in the sale deed then u need not worry, it was the sellers liability to encash the cheques.

Vineet (Expert) 20 December 2009
You have a strong case in your favour.

The cheques issued by you were never presented for clearance by the seller and neither he filed a case for loss of cheques during their validity period. So it is no fault of you that the seller did not enjoy the sale proceeds. The registered sale deed subsists and at the most seller my file a suit for sale consideration against you if you decline to pay him the agreed consideration at his request.

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