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LANDLORD -TENANT QUERRY

(Querist) 16 March 2011 This query is : Resolved 
1.Can a landlord ask for Post Dated Cheques (PDCs) or is it only financial institutions/banks which can ask for such PDCs? what is the legal standing/ view of the court ON THIS ISSUE?
M.Sheik Mohammed Ali (Expert) 16 March 2011
whole the burden of responsible to the PDC Provider, the landlord can file a suit NI138 case against when the cheque will returned un sufficient fund.
Kirti Kar Tripathi (Expert) 16 March 2011
Yes, he can ask. But tenant should be careful otherwise dishonor of cheque may lead invoking of provisions of Section 38 NI Act.
Advocate Bhartesh goyal (Expert) 17 March 2011
Yes ,Landlorrd can ask post dated cheques.
RAJU O.F., (Expert) 17 March 2011
There is no specific law permitting the banks and FIs to seek post-dated cheques; but for ensuring the repayment and also to invoke S.138, for convenience, they insist PDC. Similar is the case of land-lord. You have to take the decision, whether to accept the terms of the land-lord, regarding issuing PDC. Another option for him is to issue standing-instruction to his banker, to pay a certain amount every month to the account of the land-lord, which would be safer to tenent, if accepted by the land-lord.


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