• How to pay money if the cheque mentioned in sale deed is not considered by bank.

I bought a property and registration has been completed. In my Sale deed, mentioned two cheques. The seller deposited two cheques. The cheques are from different banks. One cheque is executed but second cheque is rejected by the bank due to the cheque leaf is very old format. 

What is the process I need to follow to pay the amount mentioned in second cheque to the seller ?
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

Issue bank draft for second cheque amount 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can give the remaining amount to the seller via a separate cheque and can do an addendum to the sale deed which should be registered at SRO.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

- You can pay the amount of that cheque by way of demand draft 

- Further, you should take an undertaking /receipt for the said payment after mentioning the DD number.

- However, the sale deed is legally valid even no payment made of one cheque

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

In lieu of second cheque, pay by Demand Draft (DD) the same amount to the seller and get it incorporated in the Rectification Deed, which has to be registered in the same Sub Registrar's Office in which the sale deed in your favour was registered.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Kindly make DD of same bank and take return in rejected cheque.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can pay the amount towards the bounced cheque either by issuing a legally valid and honorable cheque or by a DD.

You can obtain a receipt for the sum settled subsequently by a different cheque by mentioning the serial number of the cheque

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Pay the seller through banker's cheque/DD/fresh cheque/RTGS/online payment. There are so many options.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear client,  The validity of the cheque is from the date of the cheque and not from the date when the cheque book was issued by the bank to the account holder. A cheque leaf is not bad simply for being old. The validity starts from it's date of drawing. Present the cheque for collection

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You may pay either through Internet banking or by means of a bank DD as agreeable to the seller.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Hello,  

  1. It would be advisable ro make a bank transfer to the seller from the bank on which the cheque was drawn and get a receipt signed by the seller.
  2. Alternately, If agreeable to the seller issue a new cheque for the like amount. 
  3. There's no requirement of making any rectification in the Agreement.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

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