If the sale consideration ( cheques) have bounced the sale deeds gets cancelled accordingly ... You can file a recovery suit as well as complaint US 138 NI act
I had sold a piece of agricultural land to a buyer. The sale deed had been done through PDC. At the time when the checks were presented they were dishonoured. My question is that besodes filing a criminal suit for RECOVERY can i also get the registry cancelled and get the sale deed declared null amd void if the buyer fails to get the checks honoured after repeated notices. Please help i will be highly grateful. Thank you
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If the sale consideration ( cheques) have bounced the sale deeds gets cancelled accordingly ... You can file a recovery suit as well as complaint US 138 NI act
For cancellation of the sale deed o have to file a different civil suit and for recovery of the amount a suit under 138. Or xdo i just aproach the registrars pffice for cancellation and like wise get the mutation stopped. Please guide
You can also file a case under section 138 of the NI ACT and yes you can file a petition for declaration tot he effect that sale deed is void.
Regards
1. Without passing of consideration money nosaleis complete as under the eye of law ' no consideration no sale'.
2. So you can get the registration cancelled by way of filing a suit for declaration.
3. Alternatively you can ask for price of sale consideration as well.
File police complaint of cheating against purchaser if cheques are dishonoured
2) also file criminal complaint under section 138 NI for dishonour of cheque
3) you have to file civil suit to set aside sale deed
You can very well contact the registrar to cancel the registration of sale deed with an application to this effect.
You may show the evidences to the registrar to convince him/her.
If the registrar refuses to cancel the same you may aproach court by including the both the pries in the suit.
For cancellation of the sale deed o have to file a different civil suit and for recovery of the amount a suit under 138. Or xdo i just aproach the registrars pffice for cancellation and like wise get the mutation stopped.
After not getting any response to the legal notice, you may aproach the registrar with an application to cancel the sale deed.
1. Have you not initiated the process under sec.138 NI Act by serving a notice for demand through your lawyer to the buyer? It has to be done within 30 days from the date of intimation of cheque bounce.
2. Also file a criminal case for breach of trust and cheating under section 420 and 406 IPC.
3. Furthermore, a civil suit for cancellation of the sale deed should be filed.