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S Umesh Rao (propreitor)     23 April 2022

Cancellation of Sale Agreement without Pocession

Hi Experts ,

My query is , our family has entered into 4 nos of split "Registered Sale Agreement Without Pocession" with one Purchaser for 18 acres of Land @Rs 35 Lakhs /acre... mentioned in the agreement. The purchaser had issued 6 cheques of total amounting to Rs 1crore as advance. Few cheques bounced and few were declared invalid by bank because the amount mentioned in the cheques were beyond 10lakhs and the validity mentioned in the cheque leaf was only up to 10 lakhs. Now we are in a fix. After these incidents the purchaser has paid abt 40% of the advance amount through RTGS against our wishes. We want valuable Suggestion from experts " how do we handle this situation"... We want to cancel the Sale Agreement... Do we need to pay hefty Court fee or do we approach Criminal court for the bounced and invalid cheques. Can experts suggest.... Are we trapped by the purchaser by any chance.


 3 Replies

G.L.N. Prasad (Retired employee.)     23 April 2022

This is not a simple issue that can be solved through online forums like a 'juggad". Make an action plan and jump into action prioritizing all necessary steps starting pressures from effective and not expensive steps like cheque bouncing first.  Prefer a professional who is well versed and sincere.

1 Like

Dr J C Vashista (Advocate)     24 April 2022

Banks issue separate cheque book for transaction above Rs. 10 lakh, whereas, the vendee has issued cheque on the leaf of up to Rs. 10 lakh, accordingly Bank has rightly returned the cheque to the drawee.

How do you say the amount transferred through RTGS is against your wishes ? You (vendors) do not want to sell out the property to the vendee against confirmed payment through RTGS ?

Show the agreement to sell to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding to protect your interest.

S Umesh Rao (propreitor)     24 April 2022

Thanks for the immediate reply .... the rtgs amt is not full... it is only 40% of the agreed amount and that too it has been sent in bits and pieces...

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