Land Deal And Stamp Paper Validity


  • I Entered into a land deal with my relative in May 2007 on a non judicial stamp paper.
  • After an year I paid the entire amount for the land in May 2008 with a promisory note signed with a revenue stamp on white paper.
  • In November 2010 sister of the relative gave a cheque for the amount as the land registration did not happen.The cheque bounced in Jan 2011 and immediately we sent a lawyer's notice for bounce of cheque.
  • Now they are claiming the cheque was stolen by us and they need not pay any amount to us.They also claim that the paper's we have are not  valid as 3 yrs have passed.what action need to taken in such a case.As I cannot file a civil case as i cannot afford stamp fees.Please Suggest.
 
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Advocate

The payment you made in 2008 is in connection with the document executed in 2007 hence is part of the same cause of action and considering that you have kept on pursuing the matter, further dates can be added to the cause of actions thereby clearly making it fall within limitation.

Don't get worried about the legal notice and proceed ahead with the filing of complaint u/s 138 NI Act.

You are also free to file a suit for damages and injunction against the relative and don't worry much about the court fee is it is not on very higher side and you can also make an application to the court regarding you inability to pay the court fee. The court will decide your application keeping in mind the relevant facts.

regards

 
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ADVOCATE

i agree with the member samir jha

 
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sir mr Jha and sir adv Vivek,

Kindly do help me,

I have an organisation(co-op society ltd),our societies former secretery had bought a commercial space of MHADA .they made an agreement on stamp paper of 20Rs in year 1997.he also made full payment of 2.5lk to the seller at the time of agreement by cheque,but now he(seller) is saying he would not going to registry us of the property.now what should we do and also i m giving u some specific points to think on.

1) we had made full payment by cheque and still he did not returned us.

2) he did commited us that he will produce a NOC from MHADA  for registry,as per my knowledge he didnt even applied for it.

3)can MHADA official help me on this by law

4) unfortunately we didnt notary or registerd an agreement

so kindly suggest me remedy for above subject

 
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