Specific relief act limitation period
Suraj
(Querist) 22 May 2016
This query is : Resolved
Hi,
I have bought a Plot from a close relative in 2012 and paid him two cheque and rest in cash. We got the registry in 2012 and mentioned the details of payment as two cheque and rest cash in registrar office. Later the person returned the cheque and asked me to pay in cash which I did but did not take an affidevit or reciept (considering the close relation) of the above change. My relative got a conflict with me in 2014 and now we are in very bad terms and he threatened to get the registry cancelled. Once I discovered that he is trying to cheat me, I got the mutation of the property done as per process. He is now trying to file a case against me for saying that cheque never got realised and I did not have reciept of cash payment nor an affidevit of change in mode of payment for above said property. I need to know following:
1. Can he file such a case against me?
2. Will registrar get registry cancel even i had got the mutation done on my name?
3. As registry was done in 2012 and mutation in early 2016. Is there any timelimit for him to file any such case?
3. what action should i take to stop his cheating?
Thanks
Suraj
Adv. Yogen Kakade
(Expert) 23 May 2016
The agreement registered cannot be cancelled.
He can file a recovery suit against you, but as you mentioned that he has already returned you the cheques, then it is important to see the grounds on which he files the case.
What was the amount you paid him in cash?
Send him a legal notice before he files a case, asking for the receipt such payment made and also mentioning the reason why he has returned the cheques.
The volume of amount paid in cash has to be seen, as it is going to be important aspect in this case.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
P. Venu
(Expert) 23 May 2016
If he approaches the court, it for him to prove his pleadings. In all probability, this is an empty threat.
Kumar Doab
(Expert) 23 May 2016
He has probably not computed the amounts collected in his IT returns.
He played a trick on you and now want the monies or property title cancelled.
The onus to prove that you accepted the cheques back and paid in cash is on you.
Suraj
(Querist) 23 May 2016
Thanks Mr Doab, Yeah you are right..he did not computed the amount in IT return..
I have some transactions of money withdrawal from my bank and some money I arranged from relatives. I guess I should be able to prove that I withdraw but have no proof that i paid the same to him. what do you sugegst in this case? Also do you think he can take a legal action?
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
The burden lies on him to prove his story.It appears that he cleverly planned this drama to return the cheque and collect the amount by case at a later date.
Well even now you can issue a legal notice demanding him to send you a duly signed receipt for the amount he received towards the consideration amount by cash on the date mentioned therein.
This will help you defend from her recovery suit.
