• Non-payment of consideration against registered sale deed. Cheque bounce.

Hello Sir,
Greeting. I have a question with regards to one of the house property which I sold. Now during the sales Buyer gave me 3 cheques of considerable amount all of them are mentioned in REG.Sale Deed. All of those 3 cheque got bounce, And I have not received any payment against the same. I have files Sec.138 case against the buyer immediately. I would like to understand if that REG. SALE deed is considered as Null and Void or not? There is no Civil Suit filed but a notice was given immediately to buyer to cancel the REG. SALE deed. Date of REG. Sale deed is 7/7/2018 and date of cheque is 10/07/2018 deposited in bank on 11/07/2018 Cheque Return Notified by bank to us on 12/07/2018. 

Does this consider SALE deed as Null and Void?
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

SC has held non-payment of a part of sale consideration does not make the registered Sale Deed ‘void’ nor does it constitute a valid ground for its cancellation.

 

2) you have to sue purchaser to recover sale price 

 

3) In Vidyadhar v. Manikrao & Anr (1999) 3 SCC 573 Supreme Court held that the words “price paid or promised or part paid and part promised” indicates that actual payment of the whole of the price at the time of the execution of the Sale Deed is not a sine qua non for completion of the sale. Even if the whole of the price is not paid, but the document is executed, and thereafter registered, the sale would be complete, and the title would pass on to the transferee under the transaction. The non-payment of a part of the sale price would not affect the validity of the sale. Once the title in the property has already passed, even if the balance sale consideration is not paid, the sale could not be invalidated on this ground. 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

1. The sale deed registered on 7.7.2018  mentioning therein that consideration has been received vide cheque dated 10.7.2018 is not all that lawful since the sale has commenced/concluded and the sale deed has been registered without receiving the consideration.

 

2. On records, the property stands in the name of the buyer and your sending him a letter asking him to cancel the sale deed has no legal effect on this issue.

 

3. You shall have to file a suit praying for a declaration that the said sale has not taken place and the sale deed is invalid for want of consideration. 

 

4. There should also be the prayers upon the buyer to Deliver the Sale Deed and the Registrar to cancel the same duly incorporating the said cancellation in his books and records.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1.  Automatically the registered sale deed becomes Null & Void, when once the consideration amount given through cheque has bounced.

2.  If the buyer is not in a position to pay you the sale consideration amount within the target time ( say 15 days ), let him execute the cancellation deed cancelling the earlier sale deed.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

If the seller feels assured as he has a conviction that the sale deed executed by him is conditional, subject to encashment of the said cheques and in the event of the cheques being dishonoured the sale deed would automatically become 'void' & infructuous. 

Since this is a clear breach of contract, with a LACK OF CONSIDERATION, the sale deed shall be voidable at your instance. 

You have to execute a cancellation deed, since the buyer is not in a position to pay

Please wait till there is a response to the legal notice, in absence of which, you may file a civil suit

Thank you

God Bless

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

Sale deed cannot be cancelled automatically just because the cheque issued for sale consideration amount was bounced.

Especially if there was no condition mentioned in the sale deed that the sale deed would be cancelled if the cheque amount is not realised.

Besides cheque bounce case you should have filed the civil suit for recovery of the amount within three years from the date on which the return memo was received by bank dishonoring the cheque.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

- As per law, if part payments of consideration amount not matured and the given cheque bounce , then the sale deed is valid .

- Hence, you can recover the amount after filing a compliant under section 138 of N.I. Act or a civil recovery suit 

- The legal demand notice should be issue with 30 days from the date of cheque return memo date 

- Further, the compliant can be field before the court after passing the 15 days from the date of delivery of the notice to the accused. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

There are three ways you can make that Sale Deed void: 

1. File Suit for Declaration and Permanent Injunction: In case if you want to execute further but if the buyer is ready to pay then you can file Suit for Declaration. 

2. File Suit for Specific Performance: In case if you want the consideration and want to comply with the Sale deed then file suit for specific performance 

3. File Suit for Cancellation of Sale Deed and Publish in News Paper: In case if you don't want to proceed then file suit for cancellation and once you get injunction application granted then you can publish the same in newspaper and restrain the buyer from selling it to third parties. 

You cant file all the suits parellely or simultaneously. You can file either of the above. 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

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