Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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cgprasad (programmer)     15 April 2011

sale deed

Hello

I wish to know whether a sale deed has to be registered. Making a sale deed on stamp paper is not enough? or what?

In case, if a sale deed is not registered, then does it stand valid inteh court of law for section 138, for cheques dishonoured based on that "unregistered" sale deed.

 

Thanks



Learning

 4 Replies

ADV Rajesh KASRIJA (ADVOCATE)     15 April 2011

send ur full quairy

Siva (Advocate)     15 April 2011

it has to be registered

but in case if you had paid the sale consideration and the deed is duly executed by bothe the buyer and seller

then you can file a suit for specific performance

cgprasad (programmer)     15 April 2011

HI

There was a sale deed ( not exactly in the same format), a stamp paper on which some items were listed to be sold to the buyer and their prices were mentioned. A series of cheques for the desired amount was also mentioned. The cheques were post dated , because the items need to be checked and verified and then purchased. But the seller was in a hurry , so the cheques were issued, on a verbal committment that once the items are checked and found to be working , then the agreement will be registered.

This never happen , because the items were non-working and the agreement never got registered. While signing the agreement , a token amount was given as a goodwill gesture by the buyer to the seller via cheque and cash ( voucher is signed by the seller).

Now seller tried to encash the post dated cheques, which the buyer dishonoured , because the items were not found to be working and the agreement was not registered due to this

The seller has now filed a suit of 138 against the buyer.

How can the buyer defend himself against this cheating.

Thanks

cgprasad (programmer)     15 April 2011

Hello

What do you mean by sale consideration?

In the present case, its juts an agreement made on a stamp paper, listting the items to be sold and the cheque nos given as post dated cheques which has to be encashed only after the items are found to be good in condition. Thsi did not happen because the items were not working, and the seller never turned up for registering the agreement henceforth.

IN teh due course of time the PDC that were issed , the seller tried to deposit that and the buyer dishonoured them. The seller now has filed a 138 case against the buyer.

How can the buyer defend and present the story.

Thanks


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