Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suraj   22 May 2016

Property registerd as cheque but paid in cash

Hi,

  I have bought a Plot from a close relative in 2012 and paid him two cheque and rest in cash. We got the registry in 2012 and mentioned the details of payment as  two cheque and rest cash in registrar office. Later the person returned the cheque and asked me to pay in cash which I did but did not take an affidevit or reciept  (considering the close relation) of the above change.  My relative got a conflict with me in 2014 and now we are in very bad terms and he threatened to get the registry cancelled. Once I discovered that he is trying to cheat me, I got the mutation of the property done as per process. He is now trying to file a case against me for saying that cheque never got realised and I did not have reciept of cash payment nor an affidevit of change in mode of payment for above said property. I need to know  following:

1. Can he file such a case against me?

2.  Will registrar get registry cancel even i had got the mutation done on my name?

3. As registry was done in 2012 and mutation in early 2016. Is there any timelimit for him to file any such case?

3. what action should i take to stop his cheating?

Thanks

Suraj

 

 



Learning

 2 Replies

Pradeep   22 May 2016

Althought the limitation period for filing suit is 3 years after the cause of action, but I think the material fact of great importance is that did your bank account during the period of clearance of unused cheque had sufficient money to allow for clearnace had it been  executed during its period of validity.  If answer is negative , your case is in jepardy because that would mean you did not have honest intention to make payment through that disputed cheque although it was handed over in registrar office.On teh contrary if  your account shows sufficient funds althrough the  period of validity of cheque,  your case is very strong and this factum  lends lot of credence to your version of story.

1 Like

adv.raghavan (Advocate,9444674980)     25 May 2016

Only court has the authority to cancel any sale deed, when if it is proved that sale was done under coercion or undue influence .Once property conveyed it cannot be cancelled it has to be reconveyed, cancellation cannot be done by concerned parties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register