Samazdar Babu (Nagpuri) 26 July 2012

Property case compromise cheque by third person

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Posting on a behalf of a kind hearted old lady who needs your help

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Dear brothers and sisters,

I compromised out of court in a succession case and entered into a notarized agreement. I have also given my no objection affidavit for taking back my application in land registrar office to prohibit sale of large plot worth 3 cr. Plot is now sold and the other party received money already. The cheque mentioned in the compromise agreement was 3 month PDC and can be deposited after 2 weeks as 2 and half months already passed. the condition in agreement was I can encash the cheque only after other party gets the money from sale of plot.

I just came to know that the cheque given to me is not of other party but one of his business partner. that business partner is already facing (enjoying?) several cheque bounse cases and has a lawer who is expert in sec 138 cases.

Now the other party is asking me to reduce the compensation agreed to 10L while the agreement mentions 20L based on following points

1. My claim on property was weak as I am second wife of my late husband married for 30 years. We are all Hindu. first wife is alive and was married for 42 yrs. my husband kept our marriage socially hidden and always flaunted his first wife and son in front of society. none of the relatives from his side approve of me. I was brought up in orphan home and have no relatives.

2. my husband did not make any will and his first wife is nominee in insurance, bank and all such places.

3. The other party agreed to my (now unresonable?) demand of 20L as they wanted to avoid loss of money due to delay in sale of that 3 cr. plot.

4. Sec 138 will not be applicable as the cheque is for compromise money as per one Delhi HC case.

5. the cheque given bears genuine signature and is of a valid working account and the compromise agreement does not explicitly state that it belongs to the first wife or her son. Unfortunately the cheque dose not show name of the account holder as like private bank cheque.

6. I have already given my No objection affidavit in succession case filed by them where they made me respondent and court issued it to first wife and her son. I was dragging on this case for 2 years in a hope for out of court settlement due to my weak legal position.

7. If I file cheque bounce case or try to reopen the property dispute, I will have to fight long legal battle and the other party will ensure that they will keep all cases pending and I have very slim chance to win against them.

8. I do not have any source of income and my bank balance is almost nil. I do not have the money to pay stamp duty for all the property value if I go to court and reopen property dispute. In this situation it is better for me to take the reduced settlement offer of 10L.

Please advice what I could do in this situation. What are my chances to get the full 20L amount through legal battle ? First wife’s son told me through a relative that if I do not accept their offer of 10L, he will ensure that I will keep fighting in court very long and painful battle and he will spend even 50L to ensure that I will not receive a single rupee.

I am old, never worked in my life and have no relatives and family. Now I am giving tuitions to few primary school kids to support myself. I dedicated my entire life to my late husband and now facing this hardship. I am ready to fight if I have chances of winning. My lawyer in the succession case showed me dreams of winning and later cajoled me to enter into compromise. Please help your sister in this difficult time. God bless you.

-Sunanda

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4 Replies

Samazdar Babu (Nagpuri) 26 July 2012

Please help

Samazdar Babu (Nagpuri) 01 August 2012

Can someone help, only a week left to the cheque date.

R Trivedi (advocate.dma@gmail.com) 01 August 2012

Since your lawyer must have been with you at the time of compromise and he only advised you to compromise after showing you rosy picture, I can only say he has not done his work with due dilligence.

Cheque has not yet bounced and you are presuming that it would..

1. Talk to your lawyer and tell him that you need Rs. 20 Lacs only.

2. It will require great resource, effort and time to achieve much in cheque bounce case that too against the business partner of opposing party.

3. You have the option of filing FIR of cheating and breach of trust after the cheque bounces, but all these are time consuming.

Looking at your age and your profession of educating primary school kids and you are alone, I would advise you to settle for Rs. 10 Lacs. This is not a legal advise, but under the totality of circumstances this looks to be the only option.

Samazdar Babu (Nagpuri) 11 August 2012

Interesting turn of events unfolded. only lawgurus can help.

fearing the check would bounce, this old teacher lady due to financial limitations apprached a cheap lawyer and based on his advice approached police last week and filed a complaint with police stating that

1)that the cheque given was fake as it dose not belong to the party to compromise and belongs to a third person.

2)the first wife and her son threatend her with life to get her no-objection affidavit .

Police promptly called up the accused to police station. the family came with their very influential lawyer. Police took bribe and convinced the old lady to take back her complaint and took her written application for taking back the complaint. the family also promised to pay the full 20L amount. they also clearly told her that if she dose not take back her complaint, then they would press charges for cheating and defamation and fasle complaint.

NOW. the check submitted with bank has come back by post stating Stop Payment. the lady now left with no settlement money and has developed big distrust on lawyers.

what the lady can do now?? I think her anxiety to ensure payment landed her in this mess..