My name is "Ashish Patwari". I stay in "Dombivli" city of State "Maharashtra" and District "Thane". The family "Patwari" constitute four families. We have an agricultural land situated in Village Madansuri of Taluka Nilanga and District Latur. The Gat No. of the same is 138. The area of Land which was belong to us and sold is H 2 R98. The Deed of Sale took place for the above land in Month Mar & Year 2021. The same was executed on the basis of Power of Attorney singed in the year 2019. Even if, it was claimed that the Power of Attorney was signed but, it was not signed in front of the Notary and the same does not seems to have registered. The buyer parities deposited the amount of the land sold by us in account which belong to three cousin of mine. The name of the bank was "Pragati Krishna Gramin Bank" which after amalgamation is known as "Karnataka Gramin Bank".The account number which belong to three of my cousin jointly is [deleted].Our family consist of four legal heirs i.e. Me , my mother and two sisters both of which are married now. The overall consideration to be received as per agreement cost go as 35,76,000/- in INR. Of the mentioned entire cost, we were only paid sum of Rs. 31,20,000/- in INR in the form of cheque & the distribution for the same was Rs. 10,60,000/- each to me and my mother and and Rs.5,00,000/- in INR each to my sister when the Deed of Sale took place .But ,the accounts of rest money 4,56,000/- was not given. This was then , without my intervention hand over to my both sisters after the four months of the completion of the deal . The official document which I haven't yet heard named "Kabulinama" was signed to hand over the same amount to both my sisters. The cheques which were issued to me and mother by cousin as a Consideration Cost which cost Rs. 10,60,000/- each for the above deed took place got rejected twice from the bank located in Dombivli(E) branch of Bank of Maharashtra. The amount of Cheque then which belong to my mother is then cleared with the help of RTGS. However, in my case ,the newly issued Cheque also got rejected and the bank is neither ready to issue Return Memo nor is answering for no display of the Statement of Transactions in passbook for the date these cheque got rejected. The amount in Black which was agreed to pay after the deal took place in Month Mar & Year 2021 has not yet received and in past few days I was said that it will not be received now. Please assist me for the issue mentioned above.
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Lawyers are available now to answer your questions.
Issue legal notice to bank to provide bank return memo as cheque has been dishonoured on presentation
2) also issue legal notice to buyer to make payment for sale consideration as cheque has been dishonoured
3) file suit to set aside sale deed as full payment has not been received
4) also seek stay order restraining buyer from selling the property
Please send a letter to the bank calling for the returned (physical) cheque and the cheque return memo, by registered post with AD. If there is no reply, lodge a complaint with the bank's customer service department. Even if there is no proper response, you may escalate the complaint to the Banking Ombudsman and RBI. Unless you get the documentary records of the cheque transaction, you cannot sue the other party.
- The said bank cannot refuse to issue the Return memo and the details of the account statement.
- You can file a compliant against the said bank on the ground of deficiency of services before the consumer forum.
- Further, if bank issue the return memo with back date , then request him to issue the same with current date
- Further if the said cheque has been bounced by the bank then issue a legal notice to the said to purchaser , and if no payment made with the period of 15 days then file a compliant before the court
- You can also file a recovery suit as well to recover the cheque amount.
- Further , file a declaration suit for declaring the sale deed as null and void.
What is your problem, whether it is with the buyer who ios not paying the amount towards your share in the sale consideration or whether the bank is not responding?
You may throw light on the problem you face and the nature of problem etc so that you will get proper opinion to your doubts and suggestions to move forward.
Dear Client,
First, ask the bank through a written letter, asking for returning the cheque and the cheque return memo. If they do not respond then you can approach the bank's customer service.
Thank you.
If you haven't received full consideration then you can seek suit for specific performance to get the same
