registered the flat, but cheques has been stopped.

Querist : Anonymous (Querist) 07 May 2011 This query is : Resolved
I have registered the flat. the party is suppose to pay me 1 lakhs rupees, He has requested me that he will pay me after one month. I registered the flat with post dated cheques. the cheques has been stopped by the party. and now claiming that,he had some issues in the flat, ie flooring, windows, doors,. i would like to bring to your information that, the cheque number has been mentioned in the registered document, at the time of registation in the document, toward payment for the flat. the same chques has been stopped by the party. please let me know how to get the money.

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adv. rajeev ( rajoo ) (Expert) 08 May 2011
Issue notice to him u/s 138 of NI Act mentioning the details.

bhagwat patil (Expert) 08 May 2011
You can file a suit for cancellation of registered sale deed as you have not received full consideration.

Advocate Bhartesh goyal (Expert) 08 May 2011
Yes,It will be better to file a civil suit for cancellation of sale deed.

sanjeev murthy desai (Expert) 08 May 2011
You have two options as above said my learned friends.

1. File a complaint under the provisions of NI Act.

2. File a suit for consideration.

A suit for cancellation of Sale Deed shall be cancelled your deal. hence suit for consideration is better.

Adv. Vikas Surve (Expert) 08 May 2011
You can issue notice under section 138 of Negotiable Instrument Act. And file a complaint u/s 138 of N I Act. This is a criminal proceedings, so it will helpful for you to recover your balance amount

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