Cancellaton of sale deed

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
Respected sir: A person purchased agrcultural land of 4 acres from me for sale consderation amount ofRs:2000000:00(Twenty Lakhs)He paid fifteen lakhs in cash,and for remaining five lakhs he arranged a cheque. The cheque/bank acount belongs to another person (His relatve who is a witness in sale deed document. when I submitted the above said cheque for encashment.It bounced and bank issued endorsement "cheque dishonoured due to insuffcent funds". It is already one month over since I executed sale deed.the amount land valuaton he mentoned in sale deed is six lakhs. Now He denyng he has any due.. Plz advice me how recover my money or land back

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Pritam Saini, Advocate (Expert) 09 January 2011
back side of sale deed endoresement contents is neccessary for proper reply.

A V Vishal (Expert) 09 January 2011
What are the details regarding consideration in the sale deed, are the details of the 5.00 lac cheque mentioned in the deed and have you given receipt for the 15.00 lacs received.

adv. rajeev ( rajoo ) (Expert) 10 January 2011
To issue the notice u/s 138 of NI act time is barred so again contact the person and get the written document from a person who has issued a cheque that cheque is issued on behalf of the so and so person to pay sum of RS___out of sale consideration of property No;____.

Amit Minocha (Expert) 10 January 2011
challenge the sale deed and seek its cancellation as your consent was not free and also it was subject to consideration. But this can only happen if your sale deed mentioned the cheque details. Also file a 138 case against the drawer of cheque. But since 1 month has already passed, pl present again before issue of notice.amitminocha@yahoo.com

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