Registration gainst pdc
Piyush
(Querist) 05 April 2015
This query is : Resolved
I as a vendor sold & registered a property against PDC & also gave possession. Ultimately the cheque bounced on due date & I filed a case u/s 138 which is pending. I now propose to file a Civil case for cancellation of deed as the consideration was not passed. My lawyer is advising that under the civil case I can only pray for recovery of my money along with compensation but cannot pray for cancellation of deed.
V R SHROFF
(Expert) 05 April 2015
YOU CAN FILE a Civil case for cancellation of deed as the consideration was not passed,
IF TIME OF PAYMENT IS ESSENTIAL terms and condition .
HOWEVER, AS POSSESSION IS PARTED, you have to struggle .. for a longer time to recover possession.
can go for 420 cheating: criminal action is stronger and faster.
Piyush
(Querist) 05 April 2015
Thank you for your valuable advise. Please do let me know under which section I can file for cancellation of deed & however I will have to struggle for taking back Posession you ate advising to file 420.
Rajendra K Goyal
(Expert) 06 April 2015
You can file case but cancellation and repossession would be difficult. Lodge FIR for cheating.
T. Kalaiselvan, Advocate
(Expert) 10 April 2015
Besides criminal case, it is always better to sail with the civil case for cancellation of he sale deed simultaneously or else you will lose your chance for that being barred by limitation.
