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Landforsale (Conf)     23 September 2012

Demand draft dd cancellation


Hi
I am in the process of selling my property and the buyer is stating that he will pay the amount by DD.  One of my friends (not a lawyer) stated that he knew of a case where after the sale deed was signed, the buyer went ahead and cancelled the DD and so they never could encash the DD. Is this possible at all  (i.e. If I have the original DD is it possible for the buyer to cancel the DD, say using its xerox copy or stating that he has lost the DD etc)

Thanks



Learning

 11 Replies

A.SUMATHY 9380902017 (LAWYER)     23 September 2012

usually all the buyer some of the amount issue DD only.

pl. mention DD no. and amount in sale deed  if they cancel the sale deed

we will give police complaint and cancel the sale deed for that reason through

court of law.

don't panic generally not possible that type of issue

rahul (director)     23 September 2012

i dont there is any way to cancel the d/d. and if in any case, if dd is bounced back from bank.. sale will be null and void autometically.

merocksDsite (D site)     23 September 2012

Could u explain me how?@rahul.pls if i cud.if its so dd cancelation might be an easy task for all to earn money with no hard works.
1 Like

Landforsale (Conf)     23 September 2012

Thanks for the response.  But will the Bank Cancel the DD if the original is with me?  While there might be ways to go for police complaint , voiding the sale etc.  I am trying the understand what the Bank's policies are with respect to DD cancellation... I dont want to run around if there are issues in the future and thats why asking this question now itself

A.SUMATHY 9380902017 (LAWYER)     23 September 2012

usualy dd cancelation not very easy. if realy one person lost the dd what is the remedy?

if some one lost the DD banker will cancel the after detail enquiry it will take more than

one week. in the mean time you deposit the dd.

Rajeev Kumar (Lawyer/Advocate)     24 September 2012

Cancellation of demand draft is not an easy task,it is a herculean task to cancel a dd for this bank enquire into the matter at lenght. It is only possible when the dd is lost, the claimant have filed a police complaint about the matter and the complainant have the counterfolio of the form of draft with bank stamp. The bank enquire into the matter at length and after satisfacation the stop payment is done and the bank re-issued the bank draft only when the claimant have the counterfolio of the form of bank draft and then the previous dd is cancelled. In your case it is not possible in easy way. For avoiding any future implication take the counterfolio of form of dd which bears the bank stamp, take the a/c payee dd in your name which bears your account number and the bank name on which it is drawn. In your sale deed also mention the details of bank draft i.e. DD no. , issuer bank, the person who make the draft, the person whom draft is given. In your sale deed clearly states that after clearance of dd the sale deed come into effect otherwise the seller will cancel the sale deed without prior information of buyer. The sale deed will be null and void ab intio if the clearance is not done within stipulated time fixed by you within three month of the issuance of dd and the buyer is liable if the dd is not cleared in any case. The seller will file a police complaint in case of any anomality against buyer and the buyer will compensate the lossess caused by phyiscal and mental trauma. You must write down the compensation amount in your sale deed as you wish.
1 Like

Rajeev Kumar (Lawyer/Advocate)     24 September 2012

I also astonished at rahul reply and rahul is replying as layman. I am absolutely agree with merockdsite. If it is so easy then every man make a dd in favour of anyone and cancel it immediately by doing so he will be wealthy at doing no work.

merocksDsite (D site)     25 September 2012

Thank you SIR@rajeev.

(Guest)

Cancellation of DD without surrender of original DD, along with formal request for cancellation, is not possible. Of course, stop payment of DD can be possible. But, in that case, the person can be sued for breach of contract, breach of trust and cheating/ fraud.

1 Like

Sudhir Kumar, Advocate (Advocate)     25 October 2012

you are perhaps first person buying property.

rakesh kumar (partner)     02 June 2014

Kindly suggest a legal remedy for the following: I sold a house for Rs. 24 lacs. Buyer gave me Rs. 4 lacs in advance at the time of agreement to sell and promised to give balance of Rs. 20 lacs at the time of registration of sale deed. Accordingly on the day of registration, a sale deed was drafted duly mentioning the DD no of a private sector bank for Rs. 20 lacs and registration was done in front of the tehsildar. However after the registration was done, buyer expressed his inability to hand me over the DD citing lame excuses. Although I have filed a civil suit for cancellation of the registration deed but nothing much has been done in the case yet. Kindly advise. Also can I file a criminal complaint in the police for cheating and fraud.

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