We were having a 1000 yards property which comes under teachers co-operative society kanpur .My father sold this land to a property dealer . By mistake my father handed the 1000 yards paper to the society members and signed a paper in society office that he is submitting this land from his will and has recieved the money .Property dealer has given only 65 lacs rupess rest 40 lacs amount through his account payable cheque .All the cheques got bounced due to on availability of payment .Property dealer has done the plotting and sold 7 plots rest 200 yards is still available. We are not having any deal talks mention on paper and neither we have mentioned the cheques no. in the registry.
My father signed as witness in the for the 4 plots registry and for the rest 3 property dealer sold without any consensus,no name of my father is mentioned in the registered document. We registered the case against society and also the cheque bouncing case against the property dealer . Now the people who have taken there land , have started building their houses.
Please guide me how can I stop them and avail the justice .All people around us are discouraging that this case is not having any support.
Sir, our advocate is advising us to go for dead cancellation on behalf of the bounced cheque. Please give me suggestion whether dead cancellation will be effective or not. My father handed the whole plot paper as well as he signed as witness in 4 of the registry land which the property dealer has sold it to other persons. We are having the cheques given by property dealer not by the land owners.
What is the court fees in case of dead cancellation? .If we applied for dead cancellation then the court will take the custody of this property till the time case is not decided?Our Advocate is giving us faith that the whole land will be recovered . please guide us.
Asked 2 years ago in Property Law from Kanpur, Uttar Pradesh
Immediately file suit for declaration and injunction.
Pray for cancellation of the sale deed in the same suit as no sale is complete without passing of consideration money. In your case you have not received full consideration money as yet.
Once the order of injunction order is passed you will get your balance money soon.
1) the sale deed executed by your father has to be perused for advice .
2) if your father had not received full payment on what basis he said full payment has been received by him ?
3) if cheque have bounced have you filed any cheque bouncing case ?
4) in addition you can file complaint of cheating criminal breach of trust against property dealer
5) if your father had not received payment what was the need for your father to sign as witness on sale of 4plots
6) you will have to move court against the property dealer / purchaser of plots and seek injunction restraining further construction .
7) you can file suit for recovery of balance amount as per sale deed
Is the cheque numbers are mention in the sale deed? If so it is easy to cancel the deed. Other wise a long contesting battle is need to win the case. Your father is the witness of the subsequent 7 documents created by the property dealer. So In this situation it is admissible to file a case against property dealer under sec138 of negotiable instrument act in a criminal court and file a case for recovery of balance amount in civil court.
Your father already had accepted 65 lakhs rupees from the dealer and the rest through cheques ; which are un cashed. Here the settlement of amount is only in default. So
Your father can file a case of cheating against the dealer.
In the suit for recovery of balance amount, file an attachment petition for the balance property. Also an interlocutory application for stay for further sale is also admissible one. Once the order of injunction order is passed you will get your balance money soon.