• Cheque number in sale deed

My friend got his residential plot registered, however cheque number mentioned on sale deed could not be encashed by realtor as bank said signature on cheque was not matching with their database, now can my friend pay amount to realtor via Netbanking ? will it cause any problems for already registered sale deed.
Asked 13 days ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Your friend can make payment by net banking 

 

it would not create any problems as full payment has been received by builder 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

- As per law, this registered Sale deed can be rectified after executing a Rectification deed by both the parties . 

- However, since your friend wants to pay the said cheque amount in Cash then he should take a Receipt from the said Realtor for the said amount , after mentioning in details of error in the deed. 

- Further, your friend also can approach to clear the said cheque after proving that the said cheque has been signed by him , and he also can do second signature on the cheque before the bank manager. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

If there is understanding between buyer and seller then no need to worry about it. If tomorrow seller say's he did not received the cheque amount then what. So better to get rectification deed or perform se signature on that cheque again by buyer and ask seller to redeposit in the bank after confirmation of bank that as signature is correct.

Ganesh Kadam
Advocate, Pune
11854 Answers
116 Consultations

4.9 on 5.0

Hello,

  1. No, there should not be any problem with the payment being transferred to the realtor as there were issues with the cheque and the bank could not honour it. The payment in itself will create a record.
  2. Let the friend take a receipt from the realtor and make the correspondence o f the transaction by email with the realtor on the official email of the realtor.. In the receipt let it be mentioned that the payment is being made against the cheque which was dishonored for technical reasons. This will be for records.
  3. As long as the party is getting paid as promised in the Sale Deed, it does not matter awhat method was employed for the same.

S J Mathew
Advocate, Mumbai
3115 Answers
125 Consultations

5.0 on 5.0

Your friend can withdraw the cheque issue d to the realtor and make payment subsequently  by a different mode also. 

But while making the subsequent payment, he may make sure that he gets a receipt or an acknowledgment from the recipient, by making endorsement of an additional information in the receipt so obtained that this payment was made towards the sale consideration amount in lieu of the earlier payment made by cheque No.....  dated ..... which was taken returned  unpaid by the bankers for the reasons stated therein.

This acknowledgement witnessed by at least two witnesses from the realtor's side, would be a safe transaction to your friend especially if there is a claim by the seller in future about non payment of consideration amount. 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

No problem

Take a letter from builder stating details of the payment made through another mode and acknowledging receipt of that payment 

Yusuf Rampurawala
Advocate, Mumbai
5916 Answers
43 Consultations

5.0 on 5.0

1. Yes he can.

2. It will not vitiate the sale deed.

Ashish Davessar
Advocate, Jaipur
30295 Answers
880 Consultations

5.0 on 5.0

To avoid further legal complications please go with duly notarized agreement with the realtor mentioning full facts of the transaction,for what the cheque was issued ,how it become bounced and further course of action for the payment and also mention that this agreement shall be the part of the sale deed and got the signature of all the persons who have signed the sale deed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2271 Answers
3 Consultations

5.0 on 5.0

Dear sir,

Any Factual mistakes in the sale deed can be corrected by creating a rectification deed. 

However, this could be corrected by way of a rectification deed. Explained at . However, if the mistake in the original documents pertains to area change, the stamp duty may differ and more money may have to be paid.

The parties need to reduce the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority. A rectification deed should be executed after mutual consent of all the parties to the main deed.

A nominal charge of Rs 100 has to be paid, to get a rectification deed registered at the sub-registrar's office. However, this is true only in case of minor typing or spelling-related changes in the original documents.

 

Sale deed is one of the most valuable legal documents in a purchase or sale of a property. A sale deed is drafted by legal draftsman on a non-judicial stamp paper of the requisite value as prescribed by stamp act of the particular state concerned. Today, in many States including Andhra Pradesh and Telangana, the stamp papers are available up to the value of Rs.100/- only. The parties shall use 5-6 Non-Judicial stamp papers and remaining amount shall be paid through challan system (AP) and through stamping and other mechanism provided by the State Government (in others States). A draftsman must include certain clauses while preparing the construction of the sale deed which are as follows:

    1. Name of the deed:

      It is the parties who have to decide that which deed has to be prepared e.g. DEED OF SALE or DEED OF MORTGAGE or DEED OF LEASE etc. and based on which there will be transfer of ownership of immovable property. Since this Sale deed, parties may use DEED OF SALE (OR) SALE DEED.

 

    1. Parties to sale deed:

      An absolute sale deed must contain the names, age and respective addresses of parties to the transaction and both the parties i.e. seller and buyer must be competent to enter into a contract so that it will not affect the validity of the valid sale. It is very much important that the sale deed is duly signed and executed by both the parties with their bona-fide intention. A valid sale deed must start with clear description of the parties.

 

    1. Description of the property sold

      A valid sale deed must contain full description of the property which is the subject matter of sale. It must include identification number, total plot area, construction details as well as its location with its surrounding areas. A schedule of the property must be included in the sale deed which will define the exact location where the property is actually situated.

 

    1. Agreement for sale:

      In the agreement for sale both the parties may mutually settle the terms and conditions of the agreement so that it will not affect the rights of the parties. A sale deed may be preceded by agreement to sell.

 

    1. Sale consideration clause:

      A sale deed must include the clause stating the sale consideration/amount as agreed between the seller and the buyer which has to be paid by the buyer to the seller on the execution of sale deed. A sale amount should be clearly stated in sale deed as agreed in the agreement to sell so that there should not be any onus on the parties to the transaction.

 

    1. Advance payment, if any:

      If there is any transaction of token amount paid by the buyer to the seller then it has to be clearly mentioned in the sale deed, and how much is the remaining balance to be paid on the execution of the sale deed.

 

    1. Mode of payment:

      It is always the buyer who has to decide that how he is going to pay the sale consideration amount whether by Cash /Cheque/ Demand Draft and the same has to be agreed by the seller.

 

    1. Passing of the title:

      A sale deed should contain the clause when the original title of the property to be passed to the purchaser. A time limit should be given to the seller for the transfer of the title. Once the title of the immovable property is transferred, all the rights will pass to the purchaser.

    2. Delivery of the possession:

      The possession of the immovable property will be transferred to the purchaser by the vendor once the registration process is completed. A clause in the sale deed must state when there will be actual delivery of the possession.

    3. Indemnity provision if any:

      A seller must clear all the statutory charges i.e. property tax, electricity charges, water bills, cess, society charges, maintenance charges and all other charges relating to the property before the execution of the sale deed. In case there is any encumbrance on the property, the seller needs to repay the loan amount and get the property papers cleared of the encumbrance. It is the duty of the buyer to verify the encumbrance status from the office of the Registrar/Sub Registrar/Mee Seva Centres (in AP).

    4. Execution:

      Once the Sale Deed is prepared all the parties to the deed shall execute it by affixing their thumb impression or full signature. Each page should be signed by the seller and buyer. Any erasure, alteration, addition or deletion is to be authenticated by full signature of the parties. Execution of the sale deed requires to be witnessed by two witnesses. The witnesses shall give their full particulars and addresses.

    5. Registration According to Section:

      17 of "The Registration Act, 1908", the registration of a tangible immovable property is compulsory if the value of the respective property exceeds rupees 100/- and it is the registration of the property which makes the sale valid. For getting the registration done both the parties must be present in person or through their duly authorized agent(s) before the jurisdictional sub-registrar office with the original documents within four months from the date of execution. A stamp duty has to be paid by the purchaser to the sub-registrar for getting the registration done. A certified copy of the registration document to be obtained for the future reference.

    6. Testatum:

      Once all the terms and conditions have been settled between both the parties, a sale deed is prepared. The executed sale deed should be witnessed by at least two witnesses one from seller side and one from buyer side, giving their full names, addresses and signatures.

    7. Original documents:

      Once the property gets registered under the registration act all the original documents of the sold property to be hand over by the seller to the purchaser. All the statutory rights along with ownership, possession, title, interest will get vested in favour of the purchaser.

    8. Default clause:

      An agreement for sale of immovable property should include the clause stating if there is any default by the vendor or the purchaser then the party who rescinds the contract need to pay damages to the other party for the breach of contract so that it will not affect to the execution of the sale deed.

Since drafting of sale deed requires abundant caution and presence of mind with sufficient knowledge of property and other allied laws, it would be better if services of advocates who have vast experience in property transactions are utilized to avoid unexpected and uncalled for litigations which may arise in a poorly drafted sale deed.

 

If you like my reply, please give a rating and a good review.

you can also book a consultation with me or

Anik Miu
Advocate, Bangalore
184 Answers
1 Consultation

5.0 on 5.0

1. There is an evidence that he had issued the said cheque to the seller as mentioned in the Registered Deed which was returned by his Bank unpaid.. Preserve the said evidence

 

2. He should also preserve the evidence of  his paying the said amount through Net Banking to avoid any problem later on.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

Yes it can be paid through net banking

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

if the party who has to receive the payment does not receive the same may create some issues. 

Garima Anil Mehrotra
Advocate, Mumbai
485 Answers
1 Consultation

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer