Legal Question in Banking Law in India
I Hindu 38 years have purchased illegal flat in Thane Maharshtra and notarized documents osf sale agreement from seller Mr. & Mrs. A by 2011. They handover to me fabricated documents of flat at the time of possession without my knowledge.But in 2014 i received notice from bank of home loan balance on same flat. i approached seller and requested that please make payment of home loan which they taken then they made part of payments to bank and stopped making payment further myself made (2016) balance payments 5,60,000/-Rs. to bank by RTGS for avoiding auction of same flat and obtained original documents of same flat. Now i have Two nos. of sale agreement documents one is Fabricated, second is original. after some time i demanded of RTGS payment from Mr.& Mrs. A they avoiding me. Then i made application to local police Station In Police Station dispute settled infront of sr. Police inspector Mr.& Mrs. A gave me in writing in papers of police logged book and PDC (2) cheques of RTGS payment infront of police officers. when i deposited first cheque and returned it with reason Stop payment by Drawer . so what i should do now.
1 Answer from Attorneys
23.01.2017
Dear Sir / Madam,
You should report the matter to the Police and keep the concerned Police Officers informed of the status of the matter in writing regularly. You may also file a recovery case for cheque dishonour under Section 138 of the Negotiable Instruments Act, 1938 against the defaulters in the Court.
Regards,
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