Cheque-based property registered, but the buyer in paid
Querist :
Anonymous
(Querist) 16 January 2023
This query is : Resolved
Dear Respected Experts, Good Day!
I would like to ask a favor I.e our property was sold to my known person, and while registering the property the buyer gave the cheques and mentioned the same cheques in the registered documents. After that, the buyer is not paid/unpaid to the seller, and cheques are not honored as well as taken back by the buyer. The buyer promised to pay in cash, but the buyer has not paid since 2019 to the seller. The buyer keeps cheating. So I humbly request your good selves to give me your opinion and citations for the same. Million thanks for your kind words and support in this regard. Rgds...Srinivasa.
Advocate Bhartesh goyal
(Expert) 16 January 2023
You need to file civil suit for cancellation of sale deed on ground of fraud .
Querist :
Anonymous
(Querist) 16 January 2023
Dear Respected Expert, Many thanks for your kind reply. Kindly advise do you have any citations for the same.
Kindly help.
kavksatyanarayana
(Expert) 16 January 2023
Supreme Court: The 2-judge bench of Indu Malhotra and L Nageswara Rao, JJ has held that even when the entire sale consideration has not been paid, it could not be a ground for cancellation of the Sale Deed. But in your case, the buyer did not pay the full amount which he has to be bound to pay. So you can file a suit in court to nullify the sale deed
Querist :
Anonymous
(Querist) 17 January 2023
Dear Respected counsel, Many thanks for your kind support and help in this regard.
P. Venu
(Expert) 18 January 2023
The unpaid consideration is a charge on the property. In my understanding, you have option to get the transfer declared null and void or to realise the consideration as the charge on the property>
