Subash Gopalan (Factory Manager) 22 November 2010

Buyer not paying

I entered in a Sale agreement in June2010 of my Property and Buyer issued 4 cheques 1 current dated and 3 within 45 days after registration all the cheque details mentioned in the sale deed, 2 cheques materialised but the 3rd and 4th Cheque he requested us to present it after 2 weeks from the cheques date, since then he kept on posponing and it is 5 months now he is still asking us not to present it,

Please Advise what should I do, is it possible to make the registration Viod by approaching the Registrar?

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4 Replies

Jithendra.H.J (Lawyer) 22 November 2010

no need to appraoch the registrar, approach a good lawyer, if there is clause for forefieture of advance mony, you can forefier the money, and you have to send a leagal notice to the intending buyer.

Bharatkumar (ADVOCATE ) 22 November 2010

First, U give a possession of the property to the purchaser? Answer is no. First u give a possession after clear the checques but the checques are clear in 6 months because Checque velidity is 6 months now 5 month is gone, so u present these checques in your account and give informantion / instruction to the buyer that in case the checques are return the sale deed is cancle and we take a legal action for that. U give this notice by your advocate.

U take a possession of the property and give a possession after clear the checques and i think this type clause written in your sale deed u read it.

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Viswanath (Student) 23 November 2010

present the cheque immediately, as it is five months already. after it gets returned, file a set-aside petition with the help of your advocate.

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Subash Gopalan (Factory Manager) 24 November 2010

Thank you all for your advises, I have presented the cheque in tha Bank