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Curious Sam (Self)     13 December 2012

Enforcing a compromise with post dated cheques

We are entering into a compromise over a property dispute.  As a settlement, some money will be given to us upfront and the rest through post dated cheques.  What safeguards can we take in the agreement and what clauses can we put in.

There is always a chance of me misplacing the post dated cheques or the cheques bouncing.

i want in the agreement, a cluase , that, if for whatever reason, the money is not realized within 3 montsh of the postdated cheque date, i will be given a bank draft for the same amount or the agreement will be assumed to be entered into with malafide intent and hence stand annulled retroactively.



Learning

 2 Replies

Goutam Prasad (Advocate)     13 December 2012

You can get your desisred result through good draft of agreement. Drafting the agreement is skill and the same can not be teached here in such forum.

However few tips for enhancing propability of execution of agreement while in dispute may be as follows:

1. Have photo of both parties duly signed (half photo and rest on paper)

2. Have Identitiy Proof of both parties and mention its no. at any suitable place in agreement

3. Have agreement on Rs. 50 stamp paper and the same be notarised and enetered in his register.

4. Make special clause bold and have signature at clause too in addition to signature at each pages.

etc.

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Adv k . mahesh (advocate)     17 December 2012

before completion of agreement make sure to check his signature with any documents say in pan card signature will be there


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