Property dealing related

aashi (Querist) 13 June 2012 This query is : Resolved
sir .my client has sale the property and got pdc..now the pdc has been dishonoured.it was mentioned in teh deed tht if pdc gets dishonour,contract will get cancelled...nw wat my client should do to get the property

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Devajyoti Barman (Expert) 13 June 2012
Your client has done really foolishly.
However the law is in your side as no sale is complete without consideration.

If possession is not delivered then file a declaratory suit to declare the AFS as null and void.

aashi (Querist) 13 June 2012
sir...do he require to file a court case regarding this..or the sale deed is automatically cancelled??

ajay sethi (Expert) 13 June 2012
have you given posession of property to buyer? how can you sell property on PDC?

you are penny wise and pound foolish .
pay some legal fees and contact a local lawyer . let him go through agreement netered into by you with purchaser.

Adv ramesh chheda (Expert) 13 June 2012
i thinks u r client was such a stupid to entere into such a deal person first clears the amount and then hands over the possession any way u can file criminal case u/s. 420 and cheque bouncing case as well file civil case for specific reliefs.
hope u could get right answer . in case u need more information then u may contact adv ramesh chheda of mumbai on 9870112826 who is an expert on the subject

JANAK RAJ VATSA (Expert) 13 June 2012
if the property has not been handed over the possession, then it would be appropriate as per the conditions set out in the AFS that the deal be cancelled.

aashi (Querist) 14 June 2012
isr,actually the clause was mentioned in the deed that if cheque will be dishonour deed will eb canclled...

can u pls tell em wat is AFS??