Crimnal liability
anil kumar agarwal
(Querist) 12 September 2013
This query is : Resolved
a and b execute a agreement with c to sell a land in may 2007 and received 10 lac as advance, the registration to be done within 3 month after final payment.but the same could not be done due to buyers inability to pay later on buyer paid one crore through 5 cheque and both the party agreed to execute sale deed within next 3 month. a got his cheque encashed for 10 lac but remaining cheque dishonoured. a nd b gave a notice in jan. 2008 to pay and execute sale deed but buyer c didnot respond. lateron a died in 2011 and his decedent along with b sell the land to another party. now c has got registerd a case against a's decendent and b for cheating. is there any criminal liabilty of a'decedent and b in this matter
ajay sethi
(Expert) 12 September 2013
since buyer has failed to make payment and execute regd sale agreement inspite of notice the seller legal heirs were within right to sell property to others . no case of cheating would be made out
R.K Nanda
(Expert) 12 September 2013
agree with sethi.
Raj Kumar Makkad
(Expert) 12 September 2013
Reply the relevant query raised by Sudhir first.
Sri Vijayan.A
(Expert) 15 September 2013
The agreement is expired and there is no valid binding between the parties.
In fact there is no response from C for the notice of 2008.
So, C cant initiate any proceedings on the ground of cheating.
Now, the question is whether the C can get back the money paid or not? To know answer for this, go through the penalty clause of agreement.
