guddubhundu2028 (n/a) 23 March 2013

Property transfer cancellation due to non payment by buyer

Dear Learned Members

I need a help , one of my friend transfered his property to x person without sale deed, only cheques (post dataed) and a letter (on plane paper) was taken from x that if he does not give the full amount within 3 months the deal will be canceled. The property was transfred as x was requesting that it was needed for taking loan from financial institute. Now x person is delaying the payment and it is more than 5 months. Post dated cheques of x was bounced once. Already engaged a laweyer .. lawyer requested to put the cheque in bank one more time and wait for some more tim. pl. suggest... can x claim his right on the property with sale deed.

NOW WE ARE GOING AHEAD WITH CANCELLATION OF PROPERTY TRNSFER PL. SUGGEST IS IT POSSIBLE AS X HAS NOT PAID MONEY WITHIN 3 MONTHS OF PROPERTY TRANSFER ... THE CLAUSE SPEAKS ABOUT PAYING MONEY WITHIN 3 MONTH AND IS SILENT ABOUT CANCELLATION... LAWYER ENGAGED WAS NOT SO EXPERIENCED IN SUCH MATTER... PL. SUGGEST THE PROCEDURE

Thanks for your suggestion.

Regards Guddu

Reply Follow

3 Replies

Hemang (Advocate) 25 May 2013

This is how the seller is cheated. If, you have not received the consideration in exchange of property, it is desirable for the seller to challenge the sale deed on the ground that consideration is not recived and the trasnfer took place by decietful means. You may pray for cancellation of the sale deed or pray for the recovery of value.

It is surprising, how the property could be thrown away by the seller.