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Respected Sir/Ma'am, We are selling our property in Delhi. Buyer is purchasing this property throu


30-Nov-2023 (In Property Law)
Respected Sir/Ma'am, We are selling our property in Delhi. Buyer is purchasing this property through housing loan from NBFC (Shubham Housing Finance Development Company Limited). Buyer housing loan has passed & disbursed from Shubham company and buyer will handover the original cheque to us after sale deed registration when we will handover the sale deed receipt to buyer housing finance company lawyer.  Query-1: In sale deed, we want to add clauses related to cheque receiving & clearing surety otherwise whole sale deed stand null & void. Please suggest what can we add. Query-2: If due to any reason, after sale deed registration, if housing company lawyer don't handover the cheque or it don't clear then what is the procedure of sale deed cancellation. In this circumstances, how much time & money will spent for sale deed cancellation. Please suggest on this matter. Query-3: Who will keep the possession of property if cheque not clear but sale deed not cancel as per procedure?
Answers (1)

Answer #1
961 votes
For query number 1 you may contact us. We will draft a suitable clause in the same deed. So far Query no 2 is concerned in the event the cheque issued for sale consideration got dishououred, you may file and application before the concerned registrar. In case he doesn't consider you may file a suit for declaration thereby declaring the sale transaction as null and void. In addition to that you can file a criminal complaint under section 138 of the negotiable instruments Act. So far as Query no. 3 you may handover the possession once the cheque got cleared. For further consultancy and legal services you may contact us.
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