What to do if the property is not handed over but money demanded
18-Jun-2023 (In Cheque Bounce Law)
i signed agreement of sale / purchase between me and my brother . My brother expired all of a sudden . I file suit for specific performance in competent court against legal heirs of my brother. It was compromised and decreed in my favour but the judge decreed I pay 10 lakhs thro PDC and other party complete the transfer of property papers . The post dated cheque the other party has presented before the bank without completing the transfer of property . The advocate has sent legal notice for cheque bouncing and the property transfer proceeding are not yet started .
PL check your decree of the court whether any date is mentioned on it for the necessary formalities to be completed. If date mentioned on it wether that date has expired or not. accordingly reply to the legal notice
Specific performance suit salary declared which time down directions for payment of balance sale consideration in case the payment is not made or deposit in the court the conditional decree of specific performance is fatal for the decree holder the decree becomes null and void for non payment within the time granted by the court so without seeing the decree past in your favour no specific opinion can be given you can go through the exact depreciate and consult the local local lawyer for this purpose she is the payment has not been made and cheque not cleared so that is no deposit in the eyes of law.
Have a conference with all the related papers/documents/plaint/orders to get the decree enforced in your favour. You will have to defend the cheque bounce case but by corroborating the facts of civil matter you will get that rid off.
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