LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subash Gopalan (Factory Manager)     22 November 2010

Buyer not paying

I entered in a Sale agreement in June2010 of my Property and Buyer issued 4 cheques 1 current dated and 3 within 45 days after registration all the cheque details mentioned in the sale deed, 2 cheques materialised but the 3rd and 4th Cheque he requested us to present it after 2 weeks from the cheques date, since then he kept on posponing and it is 5 months now he is still asking us not to present it,

Please Advise what should I do, is it possible to make the registration Viod by approaching the Registrar?



 4 Replies

Jithendra.H.J (Lawyer)     22 November 2010

no need to appraoch the registrar, approach a good lawyer, if there is clause for forefieture of advance mony, you can forefier the money, and you have to send a leagal notice to the intending buyer.

Bharatkumar (ADVOCATE )     22 November 2010

First, U give a possession of the property to the purchaser?  Answer is no. First u give a possession after clear the checques but the checques are clear in 6 months because  Checque velidity is 6 months now 5 month is gone, so u present these checques in your account and give informantion / instruction to the buyer that in case the checques are return the sale deed is cancle and we take a legal action for that. U give this notice by your advocate.

OR

U take a possession of the property and give a possession after clear the checques and i think this type clause written in your sale deed u read it. 

 

    

1 Like

Viswanath (Student)     23 November 2010

present the cheque immediately, as it is five months already. after it gets returned, file a set-aside petition with the help of your advocate.

1 Like

Subash Gopalan (Factory Manager)     24 November 2010

Thank you all for your advises, I have presented the cheque in tha Bank
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register