Legal Question in Construction Law in India

breach of agreement & dishonor of check

My Father aged 78 yrs entered into a property development agreement on a joint venture. Builder has sold 50% of my fathers share without his consent. Owing to health , age problems and long legal procedures my father agreed for monetary settlement. since 2 yrs he has received only 50%. He has 6 dishonored cheques, wants to know if there is any provision for Senior Citizens in law for a speedy justice. How long does it take. Please , advise


Asked on 9/21/08, 8:35 pm

3 Answers from Attorneys

Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: breach of agreement & dishonor of check

for the dishonor of the cheque you can proceed u/s 138 of N.I.Act and can also file a summary suit for the recovery of the same.yes there is a provision of expediated hearing of the matter if either of the party is above the age of 65.

for further clarification and guidence u can call on 9892193167, 28904722(mumbai)

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Answered on 9/23/08, 6:39 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: breach of agreement & dishonor of check

your father can, not only file a case u/s 138 of negotiable instruments act for bouncing of cheques but also can file a criminal complaint u/s 420. 468,471 of indian penal code, in case the builder also forged papers to sell off ur father's share. apart from criminal cases, civil cases for recovery of his share can also be filed.

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Answered on 9/22/08, 2:54 am
Fahri Toga TOGA//OKSUZ

Re: breach of agreement & dishonor of check

Dear Sir/Madam,

Here is our WEB site address

http://www.wlfenternasyonel.com

You can personally ask your question and our attorneys help you to solve your problem.

Thank you.

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Answered on 9/22/08, 6:05 am


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