You can send the cheque through registered post and then file a suit for specific performance.
Sale deed done
We have baught a property, the sale deed is done and the registration is done in Feb 2019, the property is sold by two partners, both registered the sale deed. Because of their mutual fight between them, they have not taken the cheque mentioned in the sale deed, we are ready to give the amount but because of their internal fighting (each one want more amount than the other), they are not taking the cheque. Can they make any problem to us. Can you suggest now what we can do and can they create any problem.
Asked 6 years ago in Property Law
Religion: Hindu
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19 Answers
Make the Payment by cheque for equal amount to both and send the cheque with a forwarding letter by registered post. This will save you from all legal hassles.
You can issue a legal notice demanding their bank account to remit the amount to their bank directly and equally.
If they fail to respond or furnish their bank account details you may send two cheques of equal sum to both of them separately to their respective addresses by registered post.
If they return the registered post also then you may file a petition before court seeking to deposit the said amount with the court as court deposit so that they can collect the same from court at any time when they compromise between them.
Once they have registered the sale deed and all the formalities have been done the property is yours. You are willing to give them the amount of money promised and hence they have to take it. How to split the money is their problem.
Regards
I presume you are in possession of the property
2) it is their problem in life if they don’t present cheque for encashment within validity period
3) at most you would have to issue fresh cheque for the sale price
I presume you are in possession of the property
2) it is their problem in life if they don’t present cheque for encashment within validity period
3) at most you would have to issue fresh cheque for the sale price
Is it possible that they can move the court and cancel the registration as they have not recieved the amount as mentioned in the sale deed , as it's already 10 months passed.
Asked 6 years ago
See since the deed is made and registered your right on same is created though since they have not received the consideration then in that case they can challange sale and can file for cancellation.
So you can make a DD of decided amount and can send them vide RPAD for proof of payment
They may file for cancellation but if there is proof they have been voluntarily denying to receive such amount they will not get any relief.
There is no default on your part
2) you had issued the cheque
3)cheque was not presented for encashment
4) sale would not be cancelled but you are liable to pay the sale consideration
1. IF you have executed a "Sale Deed" THEN it cannot be cancelled /revoked, since sale deed is the final Conveyance document of the Flat. This is irrespective of any dispute /payment not received by the seller party.
2.IF you have executed a "Agreement to Sale", THEN it can be cancelled /revoked, since agreement to sale is only a interim arrangement and gets final when full payment is paid or complied with conditions mentioned in the agreement to sale. It is NOT final Conveyance document of the Flat.
You please intimate them through mail or msg to collect the cheque and once registered and proper stamp duty is paid and all the parties to the sale deed is signed in such a case you dont have to worry it cant be cancelled by them!!
In this scenario you should immediately serve a lawyer's notice to both sellers to ask them to accept the cheques drawn in their favour so that if they file a suit for cancellation of sale deed you are able to repel it.
Dear Sir,
FOR CANCELLATION IF SALE DEED THEY ARE REQUIRED TO FILE A SUIT BEFORE THE CIVIL COURT HAVING JURISDICTION AND WITH SPECIFIC PRAYER FOR CANCELLATION OF SALE DEED WITH IN PERIOD OF THREE YEAR FROM THE DATE OF REGISTRATION OF THAT SALE DEED.
First and foremost please understand the following:
(i) A Sale deed cannot be cancelled by the Seller. Such a deed of cancellation cannot be accepted for registration by the Sub-Registrar.
(ii) Once title to the property is vested in the buyer by the sale of the property, it cannot be taken back by the seller by execution and registration of a deed of cancellation even with the consent of the Seller and the buyer. The proper course would be to re-convey the property by a deed of conveyance by the buyer in favour of the seller.
(iii) Where a transfer is effected by way of sale with the condition that title will pass on payment of consideration, and such intention is clear from the recital in the deed, then such instrument or sale can be cancelled by a deed of cancellation with the consent of both the parties on the ground of non-payment of consideration. The reason is that in such a sale deed, admittedly, the title remained with the transferor.
(iv) In other cases, a complete and absolute sale can be cancelled only at the instance of the Seller only by taking recourse to the Civil Court by obtaining a decree of cancellation of sale deed on the ground inter alia of fraud or any other valid reasons.
No they have refused to accept need to be proved by you. So you should make effort to prove that
Let them approach court for cancellation, you will receive summons and your explanation will be sought by court.
You can admit before court the amount due to them and express your willingness to pay the same immediately either directly to them or by depositing the same before court
- As per Supreme Court , no authority can cancel a Registered documents.
- As per law, a registered sale deed can be challenged before the court , only if there are sound legal grounds, and If it has been executed by fraud, coertion etc .
- Further , any property once sold and the total consideration received by the seller , and possession given, then it cannot be cancelled , once registered.
- Since, the said property already registered in your name by the partners , after accepting the clauses of that sale deed, then now this property comes under your ownership , and it is un challengeable.
- It is their mistake , not to collect the cheques in question for its encashment , and to transfer the said property in your name without taking the full payment.
- Now, this dues amount can be shown as fully payment in cash as well.
- If, you want to handover the cheques to them , then you can either registered the same on their address, or you may contact for their joint account number.
- Or let them issue a legal notice for the same.
Good Luck and dont forget to rating Positively.
If they are not accepting the payment mentioned in sales deed than you can file suit for specific performance against both brothers to accept the payment of consideration from you.
It's their internal matter that who will get what share from consideration.
issue a legal notice to seller to collect consideration amount cheque with in 15 days.
If you are ready to give tge amount but they are not ready to receive the same because of their dispute then that is their failt and they cannot take advantage of their own wrong.
Regards
Dear sir/ Madam
You may approach the court and get permanent injunction against them and if they have any issue then they will come and contest the case.
