Legal Question in Civil Litigation in India

Hi, I have written a sale agreement for a property. In that agreement i gave a cheque for 5Lakhs/-. But after agreement is done i noticed that the survey number written in the sale agreement and in the registered document is different. And also there is issue with the survey number in the registered document and all the link documents. I am not able to do stop payment for the cheque as it went for clearing. There is less balance in my account, we requested the banker to re-present the cheque. Is this be treated as a case of bounced cheque? If it is bounced cheque what are the steps that i need to take care to avoid legal disturbance. Please note that i do not want to continue with the sale agreement and i wish to cancel it. Please let me know how i can proceed.

Asked on 8/31/12, 9:39 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you may immediately send a legal notice to the seller that the survey number in the agreement to sell and the title documents is different and further direct him to return the dishonored cheque and treat the agreement as cancelled. in case he does not do so and threatens to file a complaint for cheque bouncing, you may go for cancellation of the agreement to sell.

Answered on 8/31/12, 9:42 pm

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