Hi,
You position is clear and you may get rid of all problem by re-issuing the cheque or paying the amount mentioned in cheque. The case of one sister against other will not sustain because that sister has taken the share.
Property dispute
I Kumar, Purchaser land from Sommappa and their sibling and executed the sale deed. As per the Land record it belong to sommappa only however I have asked all need to execute the sale deed. Accordingly, sale deed was executed with sommappa and sibling. During sale agreement I have handover 3 post dated cheques to all. One cheque bearing no. 11 in favour of Sommappa and another two cheque bearing no. 22 and 33 in favour of Muniamma as per their family understanding. This land was under dispute for partition suit between Sommappa and their sibling. Sommappa has two sisters name Muniamma and Padmamma. In this case Muniamma is plaintiff, Padmamma is defendant 1(a) and Sommappa is defendant 2. Due to death of sibling father venkatesh, Padmamma has become defendant 1(a). Subsequently, all these 3 people have filed the compromise petition in the court and case was disposed. As per compromise petition it is mention as below, “The Plaintiff and defendant 1(a) to 2 submit that plaintiff received the share amount X in way of cheque no. 22 from the defendant 2” “That Defendant 1(a) receives the share amount X in way of cheque no.33 from the defendant 2” But the cheque 22 and 33 are in favour of Plaintiff (Muniamma) which I have given during sale agreement time. Cheque No. 11 and cheque 22 has been realized to sommappa and muniamma respectively. Now cheque no. 33 unable to realized due to my signature mismatch. Muniamma has approached me to re-issue the new cheque which is signature mismatch; I agreed to do it with a condition that Padmamma need to give the consent witnesses. She disagreed for this condition. Later she has sent legal notice to me for that I myself reply to her advocate mentioning that I agree to re-issue new cheque but with condition that her sister padmamma need to give the consent witnesses. For this her advocate not responsed. Meanwhile, Padmamma has lodge a police complaint against her sister Muniamma that she is holding her cheque which is given in the court. But Muniamma has filed a CC against me with different advocate that I am not fulfilled as per sale agreement that cheque need to handover to Muniamma. Now how to handle this issue myself in front of court or any suggestion.
Asked 5 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
14 Answers
1) One can put this issue in same court where they all had applied for compromise and provide all details of confusion of cheques and mismatch signature get rectify and issue new cheques or its better to issue DD or master cheque in their names with all detail clarification so such type of issue will not be raised again.
Sir it would be firstly best ins situation to settle the issue and reissue the check as per the sale deed in case the check is given as per agreement and as per there family settlement and compromise in that case you will be bonefide and there would be no further litigation so settle the dispute amicable.
Hello,
There is no problem in issuing another cheque to the same person for whom you issued a cheque previously.
Tell before the court your concern as to why you did not gave another cheque and also tell the court that you are ready to give the same.
There will be no problem, do not worry.
Regards
Dear Sir,
Since it is matter seized by the civil court as such police cannot register a criminal case. You can approach the High Court and get a stay. Any dispute regarding cheques must be agitated in the same Civil Court where it was compromised. They can file contempt of civil nature but not of criminal case. Nothing to worry. Consult the competent advocate for more clarifications.
1) if cheque has been returned on account of signature mismatch you have to reissue new cheque
2) consent of defendant 1 a is necessary as under compromise petition cheque ought to have been issued in her name
3)better arrive at an amicable settlement
just deposit the cheque amount with the court
then let court decide to whom the cheque amount is to be given - whether to Padmamma or Muniamma
this is a dispute between the 2 sisters
so why are you being dragged in it?
or in the alternative - you can open an escrow account in a bank and deposit that money - give the details of this account to both the sisters - and also inform to the police or Magistrate with whom complaint is lodged by Muniamma against you
once the issue between the 2 sisters is resolved - that money can be released from escrow and paid to the person who is entitled to it
When I have replied for notice sent by Muniamma thro' advocate requesting her advocate to get consent from padmamma. I have stated the reason that as per court order it is mentioned that Padmamma received share amount thro cheque No.33. So I have requested Muniamma advocate to get the consent from Padmamma. There is no response from her advocate and muniamma for my reply now they have filed the Private complaint case against me. Whether it is valid or not ? whether same can be challenge in same court Pl suggest
Asked 5 years ago
Wait for police investigations to be completed and charge sheet filed
Then file for quashing in HC
Sir the court will examine validity of the complaint if nothing is found it may be rejected further once the complaint is admitted you will be served the notice then for quashing you to go. So it is better to call everyone and with mutual agreement settle the dispute.
Dear Sir,
The issue is to be settled before the same court where compromise was accepted. Be calm. Ask the aggrieved party to approach the civil court and after getting notice from that court you may take your own decision.
Once you have purchased the property by a registered sale deed, why do you have to start with fresh litigation?
If the mismatch was not observed this cheque would have been en-cashed by the party in whose favor this was issued, hence instead of creating more problems for you as well as to them, you may better issue a fresh cheque in favor of Muniyamma and close the chapter from your side so that you can get relieved from the litigation in this regard.
There is no response from her advocate and muniamma for my reply now they have filed the Private complaint case against me. Whether it is valid or not ? whether same can be challenge in same court
The criminal complaint filed agaisnt you is very much valid, you cannot deny to re-issue cheque for any reason.
Hi sir you contest the case in the same court...! Here it is matter of consent however you have a copy of legal notice to get the consent from padmamma and contest the both cases as it vl come for conclusion...!
Do call me for further details
It is not valid
Go ahead, contest the same and challenge the maintainability
Regards