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tapesh dangayach   03 July 2018

buyer didn't pay the sale amount to the seller

I wanted to ask what happens if the buyer doesn't pay to the seller the property sale amount ??
in my case the buyer has shown the cheque no. and amount paid by him to buy the property ( flat) from seller in sale deed but he didn't deposit the cheque in the seller's bank account
when checked after a few years it came to be known that this cheque is still unused , the buyer has just entered the cheque no. but not used it from the cheque book
Now I want to ask what is the remedy that the seller has now ??
is the sale deed gets cancelled automatically or the seller has to file a civil case against the buyer???


 1 Replies

Nitish Banka (lawyer)     03 July 2018

First of all you need to tell the period you came to know that he has not paid the consideration. Naturally if cheque is within your knowledge from date of execution of sale deed.

Based on above you may either go for specific performance of agreement or you may cancel the sale deed and recover possession of thw property.

Adv. Nitish Banka


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