Legal Question in Real Estate Law in

can i know after selling the property thru Post dated cheques, the cheques has bounced. what is status of property. after registry land has already register to party and dhara 143 has also done. can i know after bounced cheques the registry will null and void. what is solution for this. how i prepare claim for this.


Asked on 9/23/10, 10:10 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

choice is yours. If you want money and do not want cancellation - file a suit for recovery and also criminal complaint for bouncing of cheques.

But, on the other hand, if you want you may file a suit for cancellation of registered sale deed or declaration of sale deed as null and void on the ground of no consideration.

Read more
Answered on 9/23/10, 7:24 pm
Shrichand Nahar S.V.Nahar, Advocate

Generally, breach in payment of agreed consideration does not invalidate the sale deed and the Vendor or Seller only has option to recover unpaid price by filing a suit. However, in such cases, unpaid price is the first charge on the property under such sale deed.

However, if you have a special or specific contract of invalidation of sale deed in the event of non-payment of agreed price, then you can consider steps to have the sale deed declared invalid or null & void.

Read more
Answered on 9/23/10, 10:12 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in