Contract

5 years ago

I had a contract to sell a plot to my friend but his cheque bounced and the matter/contract was left unclosed. Time passed and now after nine years he suddenly shows me that contract and is threatening me to sell the land in same old price as per that contract. Is that legal?
I have the proof of bounced cheque. The plot comes under backward area.

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Vimlesh Prasad Mishra

Responded 5 years ago

A.An agreement to sale which is expired can not be enforced. The purchased can not make any claim on the basis of the expired agreement to sale. The matter is time barred so contract has no validity.

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Pratik Adhikari

Replied 5 years ago

Thank you for the reply.
The problem is there is expiry date clause mentioned in that contract.
Will it still be time bound automatically?

Pratik Adhikari

Replied 5 years ago

There is no expiry date cluse

Vimlesh Prasad Mishra

Replied 5 years ago

The limitation act applies in this case and this agreement in invalid due to no time limit clause.

Pratik Adhikari

Replied 5 years ago

Thank you sir. It was very helpful. Thank you a lot.

Ved prakash Shaw

Responded 5 years ago

A.Don't worry,if the cheque is bounced, your friend demand to sale the land at old price is illegal.

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Pratik Adhikari

Replied 5 years ago

Thank you Mr. Ved Prakash Shaw for the reply.

I will wait until next word with that friend.
Thank you again sir.

Manjula Shanmugasundaram

Responded 5 years ago

A.It is necessary to go through the whole agreement and the bounced cheque. Is there any time period mentioned before which both of you have to complete the sale? If so, he cannot file a suit for specific performance now. Further have you received any advance? What is stated about the default on the part of the purchaser in the agreement? These are necessary factors to answer your question properly.

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Pratik Adhikari

Replied 5 years ago

According to my knowledge, A1. No expiry date was mentioned.
A2. No advance was given.
Q3. I don't know about the default clause.
My first fault was to have faith on someone.
Second that I don't understand the agreement's language I was signing in, so finally I wrote a quater page in hindi and english mentioning about the payment through cheque and what I was selling for it.
Third, by forgetting something like this (contract) and not clearing the matter.
Thank you again for your advice.

Neeraj Kumar

Responded 5 years ago

A.The arguable point is the Validity of the Contract. And the point in your favor is the his cheque was also bounced. So, you should take a strong action against him if he tries to threaten you.

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Pratik Adhikari

Replied 5 years ago

Thank you for your advise Mr. Neeraj Kumar.

Yes his cheque has bounce. But I have lost the physical cheque. But I have that record in my passbook as well as applied for a certificate in bank.

Neeraj Kumar

Replied 5 years ago

Ohh great this is actually a very smart move by you, do let me know if you require any advice.

Tanima Das Ghosh

Responded 5 years ago

A.No, since he has violated the contract. Every contract is time bound, which surely has elapsed. Moreover, cheque issued by him was dishonored and not even paid later on. He has no claim on your plot, legally.

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Pratik Adhikari

Replied 5 years ago

Thank You for the reply.
As much as I could read and understand the agreement, there is no mentioned time of expiry for that contract.
Still I pray that "Every contract is time bound".
Thank you again.

Rajeev RJ

Responded 5 years ago

A.It is not legally valid. Since there is specific period mentioned in the agreement and also cheque has bounced your friend cannot enforce the contract.

regards

Rajeev
RJ Associates

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Pratik Adhikari

Replied 5 years ago

Thank you for the reply.
I got courage from all the advises here.
Lets see how much serious he is about getting to court.
If he doesn't then I will have problem due to bad publicity/dispute rumor on that land.
Thanks again

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