Scanned post dated cheque is not a legal document but the Builder can build pressure on you by way of filing police complaints that you are not paying him the money even after accepting the deal, therefore it is not advised to give a scanned copy of a post dated cheque until unless the things have finalized from your end.

To realise a cheque builder need orginal instrument that is cheque he cannot do anything with a scanned cheque till the time amount is not transferred. So there is no risk as such giving a scanned copy of cheque.

Sir to be safe take the terms and purpose of scanned cheque in written form the builder on letter head or mail .As such no case can be filed based on scanned cheque copy if there is no agreement and no transaction.

I would not advise you to give him any scanned copy of the check even if you don't sign any agreement with the Builder.

Moreover, the real estate prices are rather on the downside, so the price of the property is not going to change in two days. So, you can simply ask the Builder to wait until and unless things are finalized.

Hello,

In case you are just giving a scanned copy of the post dated cheque then there will be no liability on you later if you chage your decission. 

Just mention this clause in the e-mail as well

No complaint can be filed just on the basis of the scanned cheque 

Complaint on scanned copy cheque is not admissible. 

scanned post dated cheque sent by you would be binding upon you 

builder would sue you in case you refuse to purchase the flat 

don’t give any scanned post dated cheque . Don’t sign any document 

Don’t send any scanned cheque 

don’t sign any agreement 

there are hardly any buyers for flat 

builder is misguiding you . Only after consultation with family members take decision for purchase of flat 

Nothing would bind you if only the cheque scan is given to builder

However clearly record the request of builder, in your email, that the cheque scan is given to him only to hold onto the property for few days to enable you to decide whether to purchase it or not. If that period lapses then builder can offer that flat for sale to anybody

Clearly write that this you are doing on specific request of builder

A. No builder has permitted to receive 10% booking amount unless execution of Sale Agreement as per the Real Estate Regulation Act, 2016. Hence, scanned post dated cheque is just initial stage of Sale process which is not amount to Sale Transaction.

B. You may cancel the booked flat even thogh signed Sale Agreement. The builder has bounden duty to refund money back if you have valid reason to cancel the same.

C. The builder cannot file a case against you by submitting scanned cheque before the Court of law in the absence of any contractual obligation (no terms and conditions).

The scanned copy of the cheque is not a payment nor an assurance for payment.

The builder cannot claim any right over it in the form of an agreement for sale on the basis of possessing the scanned copy of the cheque unless he has the cheque itself.

Further you also cannot claim any rights in it on the basis of submission of scanned copy of cheque to the builder.

You may decide to buy the property after consulting your family members at your will, do not rush or hurry or be frustrated for losing an opportunity to buy a good property.

You will get better opportunities to buy a better property than this in future.

Will it be safer if I don't sign any document / agreement form but just give a scanned copy of the cheque to hold the inventory for 2 days? Can the builder file a complain just on basis of a scanned cheque with no signed agreement?

It is advisable that without analysing all the factors do not rush to enter into any agreement with the builder. The scanned copy of the cheque with the builder cannot entitle him to take any legal action against you in case you withdraw your proposal to buy the property at a later date.