LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Usrcd (NA)     26 March 2012

Sale deed / cheque query

Hi Experts,


I purchased a flat in April 2011 at Bangalore. At the time of purchase, the builder did not mark the parking, he mentioned that it will be done in 15 days and based on that I gave him a post dated cheque after 15 days. This cheque number is mentioned in the sale deed and it is mentioned as post dated cheque

The builder did not do the parking for close to one year (the marking is completed in March 2012). Now the builder is saying that he has lost the original cheque that I had given him. I have some questions below

a) Since the original cheque number is mentioned in the sale deed, is there any problem if I do  STOP PAYMENT on the original cheque and issue  a new cheque.

b) In the case the above is done, how can I get it changed in the original sale deed.

c) Should I take any kind of written agreement that I am doing a STOP PAYMENT of original cheque and issuing a new cheque for this flat - what options do I have.


Please help.


Thanks

Usrcd



Learning

 8 Replies

H. S. Thukral (Lawyer)     26 March 2012

Take a written note from the builder that he has lost the earlier cheque ( with number) and thn give a new cheque. You can instruct the bank to stop payment on earlier cheque. Otherwise also if you had put a date on the cheque validity period for the same would have expired by now.  

Usrcd (NA)     26 March 2012

Thank you Sir for the reply.


Have some more doubts,

a) Should I take a note on stamp paper or something like that.

b) Should the cheque numbers be modified in the sale deed. Want to know in future if there are any complications.


Thanks again for the reply.

Regards

Usrcd

H. S. Thukral (Lawyer)     26 March 2012

Get a plain paper note that he has lost the cheque number so and so received against payment for parking slot and he is receiving cheque no so and so in lieu of that and if the earlier cheque is found he will not use the same. Also check up with your bank that it has not been misused sofar. Issue stop payment instructions simultaenously. 

Usrcd (NA)     27 March 2012

Thank you Sir for the reply.

One more doubt, is there any requirement for a Rectification Deed or Deed of declaration as the original cheque number is present in the Sale deed.

Thanks a lot again for the reply

 

Regards

usrcd

H. S. Thukral (Lawyer)     27 March 2012

In my opinion there is no such requirement. 

Usrcd (NA)     28 March 2012

Thank you Sir

VIRAJ KADAM (Advocate Supreme Court of India)     29 March 2012

Dear Friend

 

The Shell life of the cheque is 6 months, soon tobe 3 months. You need not worry, if the cheque is not honoured, it will never be as it is time barred.

Regards

VIRAJ KADAM

Advocate

Supreme Court of India

Virajkadam@gmail.com

ritesh (prop.)     30 March 2012

dear sir, i m fighting a chq bounce case against builder who issued me chq and bouned repeatedly. earlier he refused any allegation in court but in last week when the date was for cross examination he admits in the court that he has to pay money 10 lac to me and he will pay 250 k p.m as installment. judge accepted his plea and he given a chq of 250k in the court for the first installment and promised that the chq will be honooured but yesterday the chq returned with "exceeds arrangement" remarks. sir is this the contemt of court and what should be my next step as he cheated honourable judge also. ritesh kr gupta bangalore rg2667@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register