Legal Question in Real Estate Law in India

Sale deed

�a� had three daughters & no sons. He acquired a property in name of his wife �w�.After death of �a� & �b�, their legal heir 3 daughters �b�,�c�& �d� decided to settele teir rights mutualy. So �b� & �c� decided to forgo their share in the property in return of money in the favour of �d�. Both of them indiviually seetled their issue with �d�.In first, �b� made a registered sale deed( �kevala valai kalami�) in favor of �d�. According to that �b� settled her rights in the favor of �d� for rs. 4 lacs. At time of sighning deed �d� paid rs. 1 lacs down payment & for rest of the 3 lacs. �d� issued a post dated cheque of rs. 3 lacs for one year later all mentioned with all details in the �sale deed�..After passing 1 year on time of post-dated cheque �d� requested �b� to not go for clearing of cheque as �d� had a fund crunch & asked for a months time. �b� enquired the bank status of account & found ammont far below sufficient level of cheque. Questions :

(a)if �b� deposits cheque inspite of ''d'' request & cheque dishonours,does �sale deed� automaticallly get cancelled?

(b)can �b� go for fresh negotiation with �d� via court.

(c)how much time maximum can be given to �d� legally.

(d)what steps should b taken by ''b'' for save her rights


Asked on 8/11/07, 9:15 am

3 Answers from Attorneys
Alok Sharma Alok Sharma & Associates

Re: Sale deed

You deposit cheque and if it is dishonoured you can get sale deed canceled. no time limit prescribed by law.

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Answered on 8/11/07, 12:37 pm

Re: Sale deed

You deposit the cheque and if the same dishonoured go for complaint u/s.138 N.I.Act and also file suit for recovery of cheque ammount,Damages and also declaration to get the sale deed declared null and void on the ground of non payment of sale price.Contact a local lawyer.

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Answered on 8/11/07, 1:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Sale deed

(a) Reply will depend on terms contained in the sale deed. Normally, Vendor is entitled to claim the unpaid amount with interest.

(b) There can not be any negotiations through court. Negotiations can happen between parties to a proceedings before the court.

(c) It is part of mutual agreement. No legal provision in that behalf, except to secure that matter is not barred by law of limitation.

(d) In routine course, rights of b will be limited only to claim balance of unpaid price. Which can be claimed by b within the period of limitation prescribed by approaching proper court.

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Answered on 8/12/07, 2:19 am


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