Sale deed- cheque not realizing for more money


Hello,

A month back, I purchased a farm land and I wanted to sell it now. But, my purchase sales deed has cheque number details and registration is done on my name already. Now, the seller is not realizing the cheque, he is asking for more money from us, making us think, what could be ill effect of not realizining the cheque?

1. Does my sales deed with him stand cancelled?

2. What if the seller now tries to tamper the cheque and submit it to bank? Does that get termed as cheque has bounced? What are the possible issues?

In such cases, what is the process followed? I need to sell that site soon, so please advise.

 

 
Reply   
 
proprietor

You can send a letter addressed to the seller stating the facts about your cheque not being presented and if you apprehend any trouble do not withdraw the amount from the account which you have drawn the cheque until the cheque is cleared.
 
Reply   
 


proprietor

You can send a letter addressed to the seller stating the facts about your cheque not being presented and if you apprehend any trouble do not withdraw the amount from the account which you have drawn the cheque until the cheque is cleared.
 
Reply   
 

Thanks for the advice. I would do that. I still have question on following:

1. If the seller doesn't clear the cheque, would sale deed stand cancelled?

2. What if the cheque is tampered or invalidated by seller, by putting ink, drawing lines, etc?

3. Can I go ahead with selling the plot to other?

 

Thanks appreciate your help.

 
Reply   
 
Retired employee.

Your obligation comes to an end through issue of a cheque to seller, and it is his duty to present it to realise the amount, and sale can not be void for fault of seller.  But keep that much amount always in your account, and as suggested first issue notice asking seller to present the cheque as expeditiously as possible.  Every instrument has to be accepted after satisfying himself, and if you are not prepared to make such authentication on the available cheque, then only your problem comes.  Do not be hasty and consult an advocate before making another sale and wait for another one month till you receive response for your notice.

 
Reply   
 
Advocate

As rightly observed by the experts above, your obligation comes to an end once you made the payment towards the sale  consideration amount. The sale deed cannot become void due to fancy reasons of the vendor. If the vendor tampers the cheque and presents the cheque to the bank, it will be returned for the same reasons and not for  insufficient funds, then the vendor has to approach you for issuing a new cheque of payment through other mode, then you can tackle the issue accordingly. 

 
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