Property registration
6 months ago
Rama has sale the property to vamsi paid 5lakhs and gave cheque of his brother surender 5lakhs and it was dishour the cheque but registered her property to vamsi.wat it's solution to get back her property of rama
A.Dear Client,
In the transaction of property between Seller and Purchaser, payment of agreed consideration money is required to be made directly between the concerned Seller and Purchaser, A cheque issued in favour of Seller other than the buyer and based on which a Deed of Sale is executed and registered in the name of Buyer, then on dishonor of said of cheque issued by another person other than Buyer, the Seller cannot take any legal action either against the drawer of the said cheque who is not relevant in the deal any way or against the Buyer for the dishonor of cheque. So, in the prevailing situation, the Seller got no other legal remedy but to file a civil suit for cancellation of the Deed of Sale before the Civil Court and withhold the delivery of possession of the property to the Buyer.
In the transaction of property between Seller and Purchaser, payment of agreed consideration money is required to be made directly between the concerned Seller and Purchaser, A cheque issued in favour of Seller other than the buyer and based on which a Deed of Sale is executed and registered in the name of Buyer, then on dishonor of said of cheque issued by another person other than Buyer, the Seller cannot take any legal action either against the drawer of the said cheque who is not relevant in the deal any way or against the Buyer for the dishonor of cheque. So, in the prevailing situation, the Seller got no other legal remedy but to file a civil suit for cancellation of the Deed of Sale before the Civil Court and withhold the delivery of possession of the property to the Buyer.
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A.Dear Client,
If Rama sold her property to Vamsi and received a cheque from her brother Surender as part of the payment, there are legal steps that Rama can take if the cheque was dishonoured. The Negotiable Instruments Act, 1881 governs the use of negotiable instruments like cheques in India. Rama can issue a legal notice to Surender within 30 days of receiving the information about the dishonoured cheque. The notice should demand the payment of the cheque amount. If Surender does not make the payment within 15 days of receiving the notice, Rama can file a criminal complaint against Surender under Section 138 of the Negotiable Instruments Act. This complaint should be filed in the Magistrate's Court within one month of the expiry of the 15-day notice period. Once a complaint is filed, legal proceedings will begin. Surender may be summoned to court, and if found guilty, he could be subject to penalties, including imprisonment or a fine.
If Rama sold her property to Vamsi and received a cheque from her brother Surender as part of the payment, there are legal steps that Rama can take if the cheque was dishonoured. The Negotiable Instruments Act, 1881 governs the use of negotiable instruments like cheques in India. Rama can issue a legal notice to Surender within 30 days of receiving the information about the dishonoured cheque. The notice should demand the payment of the cheque amount. If Surender does not make the payment within 15 days of receiving the notice, Rama can file a criminal complaint against Surender under Section 138 of the Negotiable Instruments Act. This complaint should be filed in the Magistrate's Court within one month of the expiry of the 15-day notice period. Once a complaint is filed, legal proceedings will begin. Surender may be summoned to court, and if found guilty, he could be subject to penalties, including imprisonment or a fine.
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