Cheque bounce

Gaurav Garg (Querist) 30 May 2014 This query is : Resolved
what is the legal position if the property is transferred and sale deed registered on the basis cheque, which bounces later on.

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ajay sethi (Expert) 30 May 2014
academic query . state facts of your case

Gaurav Garg (Querist) 30 May 2014
A sale Deed has been registered on 07th Feb, 2013 at Greater Noida for a plot size of 100 sq.yds. where by a part payment cheque of Rs. 7 Lac gets bounced after depositing in the bank.
The Lawsuit u/s 138 has been filled and but nothing has been happened till date.
Is there any remedy to take back the possession of the plot as the money has not been received in full and the want of money at the time of registration has also not been fulfilled.

Rajendra K Goyal (Expert) 30 May 2014
Whether any clause in the sale deed is included regarding position if the cheque is bounced. If yes, proceed accordingly, if nothing mentioned, you can not take back the property.

Guest (Expert) 30 May 2014
Academic query. State the real fact, if you actually have any problem relating to cheque bounce.

ajay sethi (Expert) 30 May 2014
contact the purchaser . since purchase has failed to make payment deed of cancellation can be made .

you ought not have filed cheque bouncing case . cheque bouncing cases take 5 years to be disposed of

Sankaranarayanan (Expert) 30 May 2014
i do agree with expert Sethi ji

Raj Kumar Makkad (Expert) 08 June 2014
File a civil suit seeking setting aside the alleged sale-deed as it has no legal value if the consideration has not passed to the seller.

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