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Land Sale Deed signed later the Cheque bounced.
22-Apr-2023 (In Cheque Bounce Law)
After signing the Land Sale Deed the cheques dated 21/10/16 and 21/11/16 bounced. What should I do now in order to get back my money?
If the cheques which are bounced were mentioned in the registered sale deed then no problem, simply file declaratory suit ( your lawyer will guid you). If not, then file cheque bounce case and you will get your money back but not the property.
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Adv. Lahul Hussain Hazorica
Jorhat | 25+ Answers
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Can sale deed be executed on post dated cheque?
It is dangerous to accept pdc, especially after a sale deed. Even if you are not satisfied with the pdc, the sale deed can be cancelled. However, it is time-consuming, involves court fees, and costs legal fees.
What is the time period after cheque bounce?
According to the Negotiable Instruments Act (NIL), legal notices must be sent 30 days after the date that a cheque bounces. The case must then be filed within 15 30 = 45 days of the date the legal notice was sent.
What is cancellation of sale deed due to cheque bounce?
Cancellation is a civil case that can be filed separately with the case of a bounced cheque u/s138. Payment of liability will continue until payment OR court orders dismissing the civil case or matter is settled amicably.
What are the latest rules for cheque bounce?
First, send an official demand to the person who has committed the offense.
After receiving the notice, the debtor has 15 days to pay the amount due.
According to Section 138 (Negotiable Instruments Act of 1881), the payee must send a notice to the drawer within 30 days after receiving the return memo.
You should approach the court for cancellation of the sale deed on ground of non fulfillment of contract by the purchaser . I presume there was mention about the cheques in question in the sale deed .
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Adv. GK Gupta
Guwahati | 100+ Answers
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To recover the money u can file a case under negotiable instrument act. If he has intentionally defraded u at the time of giving u the cheque that also calls for a cheating case. Serve a legal notice first before the time expired.
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Adv. Abdul Halim
Dibrugarh | 100+ Answers
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Send a Legal Warning under Section 138 (Negotiable Instruments) for the first bounced check. Then, you can file a complaint under Section 138, Negotiable Instruments, against the buyer. Present the two remaining cheques on their due dates.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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