Court will pass ex parte order. Also file cheque bounce case.
Yes, advance will return but without interest. Possession handed over to buyer ? if not than secure possession.
Part consideration for property unpaid.
My father sold a property in Kharar, Punjab in October 2018 for a consideration of 1 crore WITH 6 LACS PENDING and handed over the title and possession to the buyer. In the registered agreement the details of a post dated cheque amouting 6 lacs was mentioned. The cheque bounced in March 2019. We filed a petition for stay on the transfer. The summons were sent to the opposite party at their previous address where they are not available now. How will the proceedings go further if the opposite party do not respond to court summons. 1.Can an ex-parte decision be given by the court and cancel the registry ? 2.IF THE REGISTRY IS CANCELLED DO WE HAVE TO PAYBACK THE CONSIDERATION TO THE BUYER ? The buyer has done mutation of property in his name in April 2019. Please suggest on others matters also to be taken care of on the basis of the facts of the case.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. They would not be proceeded exparte until and unless notices have been delivered to them. You will have to provide the new address of the buyer to the court. Else, you can file an application before the court issue summons to them by way of electronic modes.
2. Yes
1) if summons have been returned unserved then apply for substituted service I.e.paper publication
2) court can cancel the registry
3) you have to pay back entire consideration to buyer
1 yes.
2. Yes you need to.
3. As the registration will be cancelled the mutation too will be cancelled therefore you need to pay back the said consideration to the buyer
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
1. See for the cheque bounce 138 NI complaint can be filed, further if the other side fail to appear before the court the court can pass an ex-parte decree.
Dear Client
If the summons to the party Does not served due to wrong address then you have to give the new address of the party and summons comes back with house locked or sent back as rejected then it will be considered as summons are served to the party.
and the proceedings of court will become Ex-parte proceedings and order will be announced after recording of your evidences
if the registry is cancelled you have to file a recovery suit on the purchaser for recovering your money. The mutation of property by buyer will also be cancelled after court order.
The cheque was given and it bounced. Did you file a case under the negotiable instrument act? The court must have issued a non bailable warrant against the accused.
If not then a recovery suit can be filed based upon the evidence that you have and the court shall pass appropriate orders.
No the agreement can be cancelled but why cancel it. You want the money which the court shall grant you.
Regards
You can send summons on their new address where they are staying as of now kindly check on your address too.
If they don't receive summons court may dismiss case instead of Exparte.
No, you don't have to pay reconsideration amount as of now , first check what buyer says and than work accordingly. Its not so easy to cancel the deal once it has already registered.
Apply to court for publication of summons in local news paper where the defendant last known to reside. It will be sufficient for further proceedings of the case.
If there is no clause for forfeiture of payment in case of violation of any terms of the agreement, you need to refund the payment upon cancellation of the agreement.
Court can cancel the registration of the agreement and upon its effects is given by registered office mutation can changed in its present owner.
Under law in such circumstances you are debarred from enforcing against the transferee any right in respect to the property other than a right expressly provided by the terms of the contract.
So terms of your agreement is crucial for any lawful action by you.
You should approach the court for cancellation of the sale deed on ground of non fulfillment of contract by the purchaser . I presume there was mention about the cheques in question in the sale deed .
1. If the summons are not served to the respondents then you may follow the procedures to get an ex parte order against them and also a direction to the registrar to cancel the registration of the sale deed.
2. Let him come back running to you asking the sale consideration amount or to pay the balance and get the registration done again, wait for his response.
You can write to the revenue department to cancel the mutation records since the registration of sale deed has been cancelled by an order of court
- As per the information mentioned in the present query, makes it clear that you have already filed a case.
- Yes, ex parte decree will be passed and registry will be cancelled.
- No, not at all you will not have to refund a single money as you have always complied the agreement, but they were at fault.
- Whether it has been mentioned in the agreement or not about the refund, still you are at upper edge as you have moved before the court of law to show that they are at fault.