Agpa cancellation - lega advice
bhanu
(Querist) 22 March 2013
This query is : Resolved
Dear Sir/Madam,
Please suggest me on the below legal issue to proceed.
1) I did AGPA of a open plot of mine to a Party X in Nov 2012 and he had provided the 3 post dated cheques of 3 months delay from the date of GPA Registration and paid partial consideration in cash.
"Post dated cheques" are also mentioned in the GPA Registration doc
The Issued Cheques got Bounced when i tried to deposit them and corresponding Bank provided me the MEMOS with "Insufficient funds" remark.
Now the party X is approaching me when i had lodged a "Protest petition" with corresponding "Sub registrar".
As the main purpose of selling my land at cheaper rate is not serverd by the party on time, i want to goahead and cancel the GPA and ready to retrurn back the partial amount paid by the party X who is actually a big real estate businessman with stron financial and muscle power. He is trying to Intimidate me to face severe consequences if i got Court on this issue.
Can you please let me how should i proceed on legal action against the party and get my Land back as per the registered agreement.
Guest
(Expert) 22 March 2013
Depends solely on the terms/ provisions included in the AGPA. In fact, to arrive at some definite opinion on your problem, detailed examination of the contents of the documents, like AGPA, bounced cheques along with Bank return memos would be required. So, it would be better for you to consult some local expert to get the related documents examined.
R.K Nanda
(Expert) 22 March 2013
contact local lawyer.
prabhakar singh
(Expert) 23 March 2013
If you want to cancel the deal then register a cancellation of the GPA(AGPA you said)In the same very office of sub registrar and thereafter send back the un-presented cheques to him informing about the dishonor of his first cheque.
Inform police if he again threatens you.
Doing this way you would not be required to go to court for any relief.
Do not file any check bounce complaint nor do give any notice to pay as laid in 138 N.I.Act.
If you proceed this way it would be his requirement to go court even if your AGPA
is written as GPA plus an agreement to sale.
I do not know if you agreed to sale cheaper,as you have stated,why you agreed for payment through POST dated cheques,you could have very well asked for a demand draft issued by bank if not all in cash.
Just visit a local lawyer,show him AGPA,tell him about cheque bounce but discuss things in light of action suggested here.
Filing case u/s 138 after notice of demand for payment of dishonored cheque would suggest you still follow the deal.
The bouncing is the proof that he was "never ready and willing to perform his part of the contract"and in case he files any suit of specific performance on the basis of the deed written by you in his favor,the court shall deny him to grant the relief asked by him.
H.M.Patnaik
(Expert) 24 March 2013
I completely agree with the advice of Mr. Prabhakar.
