transfer of property transfer of property

3 years ago

I made an agreement to sell for my property for which cheques were issued. later on, other party cancelled them. I still had to enter for byana agreement. what legal remedies do I have?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hello Sir,
According to facts, there was an agreement for sale of property, but if there was any clause in your agreement in regard to the performance or non-performance, you should uphold them, since there was no bayana agreement.
Though you may sort it out with mutual consent.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hello Sir!
As per the facts, you have signed an agreement for sale of property, but if you have any clause in your agreement in regard to the cancellation or non-cancellation, you might abide by them, since bayana agreement is not entered. However if you can come to a mutual consent you may do the same.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ved's Anjinachari HANUMAN LAW ASSOCIATES

Responded 3 years ago

A.If party not any rights to cancel without your knowledge even at a time of agreement were be considered between both. So that you send him legal notice to make the fulfilling the contract within a time of period he does not respond you you can cancel the agreement and forfeit the entire amount. And sell to the property to another person.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs your buyer cheated you with giving false cheques, you have on best option to cancel the agreement by issuing a legal notice, else claim the amount from them through fresh transactions, if they are in same mood, better file criminal complaint against him under relevant legal provisions
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
Better to avoid such transaction or file cheque bounce cases.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

SHAIKH IRFAN KHAMAR SHAIKH

Responded 3 years ago

A.Dear client
As per your submission it reveals that this is a matter of agreement to sale
However
In this matter if agreement was executed and only cheque was cancelled then you can file suit for specific performance of contract
Moreover actually cheque was cancelled or agreement was cancelled it was not clear from your submission
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCheque bounce
Dear Client, According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
question iconCheque bounce case
Dear Client, a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
question iconCheque Bounce - Section 138 Negotiable Instruments Act
Dear Client, Unlike a civil summons, which initiates a lawsuit, a criminal summons doesn't trigger the criminal proceedings. It simply serves as a formal notice notifying the accused of the charges a...
question iconthe judiciary system
Dear Client, It may please be noted that you have already responded to almost the same query twice in the portal earlier once on 06/04/2024 and again on 08/04/2024. So, it is recommended to avail of o...
question iconcheque bounce case
Dear Sir, You have to contest the case hardly and putforth all the evidences to show that the cheque and promissory note were not issued for any consideration and all the amounts were cleared.