Legal Question in Real Estate Law in India
I had sold my land in April 2004 for an amount of Rs 500,000. The buyer had issued a post dated cheque of Rs 500,000 dated 30 May 2004. Immediately after 10 days of the sale deed registration, the buyer came to knew that this site was under litigation and therefore when i submitted the cheque for clearnce on 30 May 2004, the cheque was bounced with the wordings "Insufficient funds". So, i called the buyer asking him the reason for bouncing the cheque. The buyer told that since I sold a site which was under litigation, he immediately removed all the funds from his account. I promised him that i would clear the litigation. It took me 6 years to clear this litigation. However, in 2006 I had issued a notice under 138 of NI Act to the buyer and the buyer called me on phone and told that "once the litigation is over, I will pay the entire amount of Rs 500,000". Then in January 2010 when the land got cleared from litigation, he refused to pick my calls and later in that year, he refused pay the cheque amount of Rs 500,000.
Now it is 2012, please advise me on:
What action can i take against the buyer?
What remedy can I seek from the Law?
Can i get my land back? or can i only recover the money? and if money only, then how much money, since it has been 8 years of delay?
3 Answers from Attorneys
U can file criminal complaint and for more details u can cal m
If apart from sale deed, there is no other writing acknowledging liability by purchaser, then all your claim appears to be barred by limitation.
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