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krish (-)     04 October 2010

Land sale - time frame for dishonoured cheque

There is a registered sale agreement in 2002 between x & Y , sale consideration was by cheque , the buyer of the land is deceased in 2003. Seller claims that cheque has dishonoured now with valid proof but has not pursued a legal case yet . Is there a law of limitation for the time frame to nullify and take posession of the property now after 8 years of registration . Legal heir is not clear if his son the purchaser has settled the money in lieu of the dishonoured cheque . The said property is in mortgage which has not been cleared yet with principal and interest outstanding . Pl advice if the legal heir can proceed to sell the property after clearing the mortgage



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 2 Replies

M. A. Khan (advocate)     04 October 2010

Who is in possession, the purchaser.   If vendor had not received money he should have filed suit within three years from date of payment for recovery of money. 

krish (-)     05 October 2010

Land is in possesion of the purchaser legal heir (father ), does the vendor has right to file a suit now . Can the legal heir sell the property . Pl clarify .


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