Advice required
prasad1857
(Querist) 16 October 2012
This query is : Resolved
Respected experts,
My father had sold his 1.5 acre clear titled land one year back. We have given all the relevant documents including last 40 years EC. The purchasee has given 1/10 th of the amount in cash and remaining amount in post dated cheques. Upon submitting, every cheque got bounced due to insufficient amount. After informing this to the purchase, he exchanged the bounced cheques with new cheques. He done like this for one year. Lastly, we warned him of serious legal consequences. In return he is threatening to file a cheating case against us for selling him litigation land. From some sources, we came to know that, he got loan on the above said property. Please, advise me appropriate legal recourse.
Thank you.
ajay sethi
(Expert) 16 October 2012
how can you sell your land on basis of post dated cheques?
did you not consult a lawyer before entering into an agreeement ?
it is better to spend some money on legal fees rather than repenting later .
what you do now is show the agreeement on basi s of which land was sold to local lawyer .
did the agreement contaibna clause for cncellation of agreement in case full payment not made within stipulated period . it is necessary to go through the agreeement entered by you before advising further . i do hope agreement was duly stamped and regd
K.K.Ganguly
(Expert) 20 October 2012
1) How you have registered the Sale deed without receiving the full consideration?
2) If the recitals in the Deed & agreement permits, file a suit for cancellation of the Sale Deed for not receiving full consideration.
3) File case u/s138 of N.I.Act.