I sold a residential land to a party on which he partly gave me DD and told me that he will pay the rest in cash on the day of registration. But on that day he said he will give the balance cash the next day and i sold the land by doing all the registration procedure. But after 5 days of registration i still did not receive the balance amount. Can i able to cancel the registration made? What else can i do to get the balance money?
1. It is not clear what is mentioned in the sale about the balance payments.
2.If it is stated in the sale deed that the balance payments would be made within few days from date of sale then it is good for you as on this ground you can cancel the sale because no consideration passed from seller to buyer.
In parallel you can file criminal case of cheating.
1) issue legal notice to the purchaser to pay the balance amount
2) if he fails to pay dont deliver possession of the property
3) u you will have to sue the purchaser to recover balance amount
Sir, Thanks for your response. In the sale it is mentioned that all the DD and cash payments are made and we have signed the agreement. But on that day he told me that he could not get new usable money (Rs 2000 notes) and have only old currency. so he gave me a cheque and told that either he will deposit the money in bank and asked me to pass the cheque in my account or will give in new usable money the next day and take the cheque back. But till now he is not giving money back or not allowing me to deposit the cheque in my account as there is no balance in his account. This cheque payment is not mentioned in the sale Help me to get the balance amount
if you have acknowledged receipt of cash payment you cnanot say that you have not received cash payment
2) deposit the cheque in your bank account
3) if cheque is dishonored issue legal; notice to purchaser to pay amount mentioned in cheque
4) dont hand over possession of property to purchaser
Present the cheque after few days if he continues to make default in payment.
Once the cheque is dishonoured you can file criminal cheque bouncing case.
Moreover with the sale consideration not having been passed the sale become bad and you can file suit to cancel the same.
You can also refuse to part with physical possession of the proeprty as well till full payment is made.
It was naive on your part to have agreed to take a part of sale consideration after the execution of sale deed. The remittance of sale consideration has to be simultaneous with the execution of the sale deed. Now issue a lawyer's notice to him to remit the balance amount, and if he does not do so then file a suit for cancellation of the sale deed and recovery of possession if the possession has been delivered to him.
Since the mode of payment recited in the sale deed has been acknowledge by you, it may be difficult for you to claim the same now or cancel the sale deed after having acknowledged the receipt of balance of sale consideration amount.
You should have stopped the registration process in the event of non payment of balance sale consideration amount by the buyer.
Even if you issue a legal demand notice to him, he may deny to pay you any amount since there is no evidence for that.
You should carefully handle the situation to protect your interests in it, any legal action may result into adverse impact too.
In the sale it is mentioned that all the DD and cash payments are made and we have signed the agreement. But on that day he told me that he could not get new usable money (Rs 2000 notes) and have only old currency. so he gave me a cheque and told that either he will deposit the money in bank and asked me to pass the cheque in my account or will give in new usable money the next day and take the cheque back. But till now he is not giving money back or not allowing me to deposit the cheque in my account as there is no balance in his account. This cheque payment is not mentioned in the sale
Even this cheque is not mentioned in the sale deed, you can deposit the cheque in your account for collection, get it bounced and issue a legal notice to him demanding the money towards the balance of sale consideration failing which you can mention that you will initiate legal action to cancel the sale deed.
You can take further steps after allowing him a specific period of time to respond or comply with your demand.