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cancellation of saledeed

(Querist) 21 February 2009 This query is : Resolved 
sale deed has been executed,vendee has been issued cheques for payment but the same has been dishonoured,cheque numbers has been mentioned, what will be the remedy whether to file cancellation of sale deed or 138 of NI Act.

please help out.
ARVIND JAIN (Expert) 21 February 2009
FILE SUIT FOR DECLARATION,POSSESSION AND MANDATORY INJUNCTION TO CANCELL THE REGN. IF YOU FILE 138 YOU WILL ONLY GET THE PAYMENT. MAY BE AFTER SO MANY YEARS.YOU MAY FILE FIR FOR CHEATING ALSO.
sanjeev murthy desai (Expert) 21 February 2009
yes i agree with Mr. Aravind Jain,

AEJAZ AHMED (Expert) 21 February 2009
Dear. Venkat,

Your question is not clear with regard to :

( a ) Property; either its a House Or Plot

( b ) Possession;

(i) is there any conditions in the Deed with regard to possession till the clearance of cheque. OR

(ii)May be it is mentioned in the document that the Possession is handed over to the Vendee, but

(iii)what about you, whether you handed over the physical possession of the property to the Vendee.

If it is, as provided by you that, the Chequ numbers are mentioned in the Sale Deed, which is executed by you.

Then, it is best, suitable, suggestable to proceed to Civil Court to file a "Suit for Cancellation of Sale deed ", by making Registrar of the Concerned Registration Office also as a ncessary Party to the suit.

But, please don't forget to file an 'Interim application' (IA) along with the suit against the Respondent/Defendant/Purchaser, for 'STAY' or "Not to Further Alianate the Property " till the disposal of the suit.
PALNITKAR V.V. (Expert) 21 February 2009
Mr. Jain and Mr. Aejaz have given valuable and complete solution
M. PIRAVI PERUMAL (Expert) 22 February 2009
I agree with the views of my learned friends.
B.B.R.Goud. (Expert) 22 February 2009
Mr venkat reddy,
1. you can file case for the dishonor of cheques, if u have any documentary evidence showing those cheques are issued only towards sale deed, under Sec 138, N I Act and also file a case under cheating, breach of contract and breach of trust,under I P C, in order to get compensation.
2. you can also file a case for declaration, possession and perpetual injunction to cancel the sale deed and it's registration, in order to protect your rights.
RAKHI BUDHIRAJA ADVOCATE (Expert) 23 February 2009
I do agree with all my Ld. friends. All are absolutely right.


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