dishonour of cheque and sale deed
jatinkumar
(Querist) 15 June 2016
This query is : Resolved
Dear experts sir,
In 1998 my uncle son gave c.a exam, my uncle told him to join c.a for practice so he joined nearby c.a office, after one month c.a ask my uncle to give loan of 1,75,000 as he wanted to go abroad, my uncle gave him money through cheque. But the c.a. visa was rejected, so my uncle asked him his money back but c.a keep on giving false promises. Out of flase promises one promise he made that he will give money by selling his flat, then c.a. executed one sale agreement with my uncle of the siad falt in 1998 with a consideration price of rs.350,000 out of which 25000 was paid by cash, rs 75000 by cheque and 25000 by cheque, sale agreement is not registered only signed by parties and withness on 100 rs. Stamp paper. But c.a. did not executed sale deed in favour of my Uncle. And mr.ca. sold that flat to other party.
Therefore my uncle asked him to give his money back , any how mr c.a issued cheque in favour of my uncle amountin rs. 25000, dated 3/5/2005, rs. 25000 dated 03/06/2005,and rs, 125000 dated 5/09/2005, but again dated 19/10/2005 mr.c.a gave my uncle one request letter stating that he will honour cheque in 10/11/2005 or if not honoured my uncle can take legal action agianst mr.c.a. so my uncle waited, but again one more letter came on 07/11/2005 statting that due to diwali i cannot clear the cheque so again my uncle waited , then again on 24/11/2005 one more letter came stating that he cannot clear the cheque he request to give money in small interval in two money , but my uncle did not belive his promises and wrote him letter that i no more belive you , your intention is not to honour the cheque, since last sux month you are avoiding to honour the cheque .before due date of cheque you are requesting us to deposit the said cheque in the next month, and requested fresh cheque or othwise ti go legal action. Therefore agian mr c.a ask time and my uncke waited but he was not issuing fresh cheque,but any how throug some friend of my uncle c.a. issued fresh cheque dated 25/05/2016 of rs. 100000/- which my uncle gave in bank for clearing but cheque dishonour on 01.06.2016 showing account blocked. Now what are the remeady for my uncle to go leagl pls give suggestion thanks in anticipation.
Kumar Doab
(Expert) 15 June 2016
You have been waiting since last 18 years (1998-2016).
What was the time for sale deed registration in sale agreement?
The said flat has already been sold to another party, as per your post.
Whether the written communications extended the limitation it is to be seen.
You may ASAP consult a very able counsel with all record that you have and have a considered opinion.
jatinkumar
(Querist) 15 June 2016
thanks! For your reply sir
Ya sir its been 18 years ,sale deed was not registered nor notarized, after 2005 there was no communition record only now in 2016 through my uncle friends communication started and mr. C.a gave him cheque
P. Venu
(Expert) 16 June 2016
Facts, as stated, are too jumbled up to offer any positive suggestion.
Rajendra K Goyal
(Expert) 16 June 2016
Discuss with local lawyer and send notice of dishonor of cheque.
If no response, file case of cheque dishonor against the CA.
Dr J C Vashista
(Expert) 17 June 2016
The issue is complicated and query do not reveal factual particulars of the dispute, it is advised to consult and engage a local prudent lawyer for proper analyses, guidance and proceeding.
jatinkumar
(Querist) 18 June 2016
Thanks you very much all of you
T. Kalaiselvan, Advocate
(Expert) 20 June 2016
Consult with a local advocate and issue a legal demand notice agaisnt the bounced cheque, wait for his reply till the period stipulated and proceed with the cheque bounce case as well as money recovery suit.
