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Chetan gowda (Business)     13 July 2025

Sale deed cancellation after registration due to dishonor of cheque.

Dear Sir,

For selling our Land Rs. 14,50,000 is the Consideration Value mentioned in Sale Deed, to reduce the stamp Duty to be Paid. 

Actual Sale Price we sold and buyer agreed is Rs. 26,00,000/- which is the Market Price that the buyer agreed to pay us. Out of which he has cleared Rs. 9,00,000 through 1st cheque + Rs, 7,50,000 through RTGS in total Rs. 16,50,000, which is 2Lakh more than the Consideration amount shown in Sale Deed.

For rest Rs. 9,50,000 He had given two cheques,  both he has stopped in the Bank, One cheque is mentioned in the Sale Deed as part of the consideration amount, 


Please Let me Know if we can claim the Sale Value to be 26,00,000 in the civil court suit for recovery, as we have signed on the Sale Deed on stamp Paper that we are selling our land for Consideration of Rs. 14,50,000 with two attesting witnessess, particularly if the two witnessess testify on our side? 

To put cheque bounce case also we required to show the liability on the buyer as the buyer himself stopped payment of cheques and not due to insufficient balance.

Please help me on what can be done in this situation to recover our money, as we sold land due to medical expenses of my mother, and we need the money badly.



 5 Replies

Dr. J C Vashista (Advocate )     13 July 2025

Recovery of balance of consideration is a separate issue, whereas dishonour of cheques is altogather separate.

You can file a suit for specific performance for recovery of balance of consideration as per the terms and conditions of "Agreement to Sell" but not as per market value.

You should keep dishonour of cheque complaint case altogather separate to claim cheques amount as per law.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
 

1 Like

Chetan gowda (Business)     13 July 2025

Thank You Vashista sir

R.K Nanda (Advocate)     13 July 2025

You can claim only 14.50,000 in civil recovery suit in court. 

You can't file dishonored cheque case in court as buyer has stopped payment in his bank. 

Sidhhi   13 July 2025

Why you wanted payment by cheque for the concealed amount to save stamp duty. You could have demanded in cash before hands.

Now the buyer has trapped and out witted you in the game.

On what grounds you will file complaint under 138 Act because you don't have any proof of liability.

In such dealings you should have consulted your CA or a lawyer.

It's a lost case will cause more losses and hardship.

P. Venu (Advocate)     21 July 2025

Facts posted reveal that there is no enforceable debt. Hence no action is possible in terms of Section 138 of NI Act.


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