krishna lal (Process associate) 02 June 2012

Property issue

Hi Experts:

My self krishna lal and issue is mentioned below

Recently i have sold one of the property which is in my dad name and my dad passed away 8 months ago and my mom passed away 3 years ago.i have only one elder sister ad shes married.when i sold the property i informed my sister like this property is belongs to me and i gonna to sell because may be the road get wide up and if its get wide up i wont get anything even my sister agree with that and shes said they dont need a any money from that amount because 2 years ago we sold another property at that time my dad was taken a decision and he sold it and my finished up my sisters marriage with that money even me and my dad did not get 25% from that everything was taken by my sister thats why shes agree like this property belongs to me and she dont need anything from this.

Finally i sold it with my sisters help and next day itself she aske for the money and i asked my sister to give me a agreement for that and blank cheque leafs also she said i am ok with that and my sister and her husband said we will give you in another two days i trusted them and gave them a money.its happened 4 months ago but still i dont get a surity (pro note) and cheque leaf from them even i asked so many times but now they are saying its thier share they cannot give me back.

What do i do in this situation and is there any chance to take a action against them ??

Some how i have 2 blank cheque belongs to my sister husband is there anyway i can take action them using the cheque leaf????

i want to know how much i can claim with the 2 blank cheques and does the blank cheque have a any expiry date please let me know clearly

and what is the time i can take sould i take a action immd or is that possible to wait for another 3 to 4 months...

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7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 June 2012

1. In absence of a Registered Relinquishment Deed/Family Settlement - she can still claim her equal share of hte property.

2. Try reasoning it out with her to execute the above. (mind you it should be registered)

3. As regards the Blank Cheques - any cheque is valid for 6 months time from the date it bears.

4. Giving a blank cheque carries with it the authority to put the amount (but not any amount) it should be reasonable and proportionate, otherwise it may struck down later if it reeks of any arbitrariness.

5. Wait for sometime and consult an advocate.

Don't Hesitate to talk with complete facts !

1 Like

pradeep (na) 02 June 2012

Mere having blank cheque leaves may not be solace for you. After 6 months of cheque date any way it will become invalid. But if the bank acount holder inform the bank in writting that they shall not allow to encash certain cheques (giving cheque nos.) already issued by him, if presented by someone then balk will accept the request with some fee.

krishna lal (Process associate) 02 June 2012

blank cheques are completely blank even the date still is it valid only for a six months and is there any possibility that i can recover the money from them using the blank cheques according to my case.

And what are the advantages and disadvantages in my side who will be strong if i file a case against the cheque bounce.

Ajit Singh Cheema (practising Advocate) 02 June 2012

As per the latest RBI instructions the cheque shall remain valid for a period of three months from the date it bears.as the cheque is blank you can put in the date of your choice,but I am sure the payment of the cheque must have been countermanded by the time you present it.Further it may be difficult to prove existing liability,particularly as the cheque is issued by your brother in law.Family settlement may be the best option.

VINOD VERMA (C E O) 02 June 2012

Yes, you can fill up the cheques and present them for encashment. But the validity of the cheque for presentation from the date has been curtailed from 6 months to 3 months by the RBI in its recent notification. Moreover, for claiming the payment against the cheque there must exist a tangible debt, so unless you have paid the amount to your brother in law by cheque, you may be able to enforce that. But, if you have paid in cash and the amount is in excess of Rs. 19,999.00, you may fail in the court asloans/advances made above Rs. 20,000.00 can only be made by crosssed cheque as per Income Tax Act. 1961. You may fail in the long run, so better go for a negotiated settlement with mediation by some family elders