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Property transferred but no consideration received


10-May-2023 (In Property Law)
RESPECTED SIR MY FATHER is illetrate person Yesterday while I am in my exam My father sell the property The buyer said that he give payment by cheque in 2-3 days And before magistrate my father said that he recd. payment However there is no entry in the Bank as we have not recd cheque till now But I thought that legal advice should be taken on this matter
Answers (3)

Answer #1
963 votes
IT is a drastic mistake but if in the sale deed it has been mentioned that paent has been done through cheque and that cheque in question has not given to you till now then immediatily sent then a legal notice demanding the money and please dont hand over the possession to them if after legal notice they failed to make payment then move an application for cancillation of sale deed immediately with out giving them any further time.
Otherwise you may be in great trouble.
Kind regards
Answer #2
754 votes
Your father has made a gross mistake. He should depose before the Registrar that he has received payment. Now if the buyer refuses to pay the consideration, what will you do. As per record, you have taken the money. Now your case is solely based on the buyer's move if he gives a consideration by way of cheque and the cheque bounces then you can approach the court. Now some lawyer may suggest you to file a case for recovery but sooner or later you will be defeated.
Answer #3
510 votes
You can file a criminal as well as civil suit for stay the property. Further you get the stay of this property. It is necessary to you as soon as approach a lawyer otherwise opposite party further sale the property.

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