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Cheque bounce Litigation property


27-Sep-2023 (In Cheque Bounce Law)
I purchased a property a couple of years ago with an advance payment of 15 lakhs. Balance is 20 lakhs. Only after making advance I got to know that the property is in litigation with government as it falls under Elephant corridor and the case is going on in Supreme Court for 10 years. The govt wants to take over the land. The court has prohibited sale or purchase of such lands falling in elephant corridor, hence no registration of the sale deed can be done. So the buyer said he can make a sale deed and get it attested by a notary so that is enough, I agreed and paid him. Also gave him two cheques 10 lakh rupee post dated cheques. But the court now really wants to acquire the land and not give compensation as the seller when he had bought the land had not obtained NOC from district collector. I refused to honour the cheque and now he is filing negotiable instrument act case on me. I only have possession of the land and original title and a notary sale deed to prove my ownership.
Answers (3)

Answer #1
658 votes
when the government wants to acquire the property for public use, you can not refuse to give the property to the government. It seems that the seller tried to cheat by giving you false hopes and thus the seller executed a document by getting attestation from the notary. Those documents are not valid documents to prove your ownership... secondly regarding NI act case, you have a chance of sucess... In the meantime, you have to send notice and file a case for the recovery of all your money
Answer #2
572 votes
The document you have has no value before the eye of the law. It seems that the person who got the money has cheated you. You can initiate appropriate legal action against him. And you have defend yourself effectively in the cheque bounce case. Take appropriate legal steps with a right lawyer.
Answer #3
687 votes
The liability of repayment of cheque arises only for a legally enforceable debt. In your case the seller has misrepresented and cheated you so you can come out of 138 on the contrary you can file a criminal case against him for 406 & 420 IPC

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