Respected sir,
I have purchase the property at Delhi in the name of Mother and Make an Notarized Agreement to sell on 15.08.2019 with party and give an advance amount of Cheque Dated 15.08.2019 in favour of her name.
But there is few day left for the expiry of cheque because the cheque has 3 Month Validity they have not deposit the Cheque in her account.
I have mentioned the cheque number in Agreement to sell and signed by both the parties.
I did not received the photocopy of the cheque after giving the cheque to the party.
But I click photo of the cheque.
I also called to the party about not deposit the cheque into her account her husband said I was busy in marriage I deposit later.
But still they did not deposit the cheque but the expiry of the cheque will be 14.11.2019.
So,Please help Can I give reminder letter to the party by Post because I have not any proof of cheque was given to him but only Agreement to sell signed by her with mention cheque number.
And What is the legal process to file case against him because in Agreement to sell it was mentioned that if they failed she give double amount if fail to do so.
But Last date of possession given by him was 10.03.2020 according to Agreement to sell.
It is the duty of the payee to present the cheque within a reasonable time, and the drawer should ensure that he has to keep sufficient balance in his account. The payee may also request for revalidation of the cheque if the cheque was not presented within the limitation period, and the drawer has to oblige him. The drawer (Purchaser) can not be held responsible for negligence of the payee (Seller).
As a courtesy, you may request through regd notice to the seller to encash the cheque and keep such service proof of registration. This is not an issue and just apprehension, and your seller appears to be a confident man and believes in your credentials and your integrity, as such instances are very rare.
