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Cancellation of construction query

(Querist) 07 May 2012 This query is : Resolved 
Sir, For construction of my house i have accepted to give 1 floor to the constructor in return for the house being constructed plus financial benefit , out of which 5 percent was received through cheque as token by me.Also for which no agreement has been done,except for this being written on the cheque copy signed and accepted by me. Afterwards the decision was taken for not to reconstruct the house and that i have also transferred the house to my family members being a person of a certain age.
Now the constructor is not ready to take the money back, also when i returned him the money he took the cheque in someone else's name for which i thought would be best to cancel the cheque .

Its been 1 year now kindly advise as to what should i do next .
Shashikant V. Patil (Expert) 07 May 2012
Since there was no agreement between you and constructor, and further your proposed work is cancelled, it is better to return his money only, because he wants a cheque from you in other bearers name is with ill intention. In future , he will claim that you have not return his debt owes to you. If at all you gives cheque in other's name, you make a receipt of money by him in writing and notarised.
Shonee Kapoor (Expert) 07 May 2012
I agree the cheque should have been prepared in the name of the builder.

However, as lot of time has passed, keep your fingers crossed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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