Legal Question in Civil Rights Law in India

How I will be able to claim, if the cheque bounce? Actually my Aunt stays in New Mumbai and the area which she reside is called Kamothe. Now she want to sell her flat and come back again to Mumbai. The person who is going to by my aunt house gave some token money and due to some reason my aunt has to register this flat on that person name within weeks time and the person who is going to by my aunt house has not got now enough funds to give my aunt, so this person is giving us the Post dated cheques (PDC) and we are registering this house now i.e after six days on his name and this person is giving us Post dated cheques for a one month's period of time. My question to you is if I register this house on his name and after one month if i deposit his Post dated cheques and if these cheques gets bounce than what is the legal action, I can take on this person? And will I be able to get my property back on my name again? Is there any Law so that I can put these clause during Registration and can these laws and clause which you will provide me, can I write them on Registration papers? Can you please give me a solution............. Shehbaz from Mumbai.


Asked on 10/19/11, 1:37 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Once a conveyance deed is registered, it may not be cancelled for bouncing of cheque. Therefore, you better hold back the transfer. Alternatively, you may not deliver possession of the property; and instead continue your possession - may insert a clause either (a) for prospective transfer of possession after the cheque is realized; or (b) continue in possession as a tenant on a nominal rent and deliver possession only after everything is clear.

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Answered on 10/19/11, 7:48 pm


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