Legal Question in Civil Litigation in India

I and my brother ( brother is a NRI canadian citizen ) have sold a plot, inherited from our mother for a total consideration of 52 lacs.The payment made to me by buyer is 23 lacs(by pay order ) +

2.50lacs (by cheque) and to my nri brother is 24.5 lacs (by payorder)+ 1 lacs (by cheque). Rs 1 lacs has been jointly received by us in cash ( distributed 50-50 by both of us ).

After the sale deed was registered , the buyer has made a stop payment for both the cheque issued to me and my brother...claiming that since my brother is NRI, his tax liability(capital gain ) of Rs. 6 lacs has to be deposited by the buyer under sec 195(2) of income tax act.

My query is whether the buyer is justified withholding my share i.e 2.5 lacs. The buyer claims that since the registered sale deed was jointly made , he has the right to withhold my share and deposit the same with I.Tax department.

Apart from Sec 138 of negotiable instruments act, what other remedies are available to me?


Asked on 8/19/09, 5:46 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

prima facie 420 of IPC. Also, you can file a summary suit for recovery of money.

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Answered on 8/19/09, 5:54 am
KAMAL GROVER

You can file a case of 420.

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Answered on 8/19/09, 5:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may approach the IT Authorities; clear your dues and obtain NoC.

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Answered on 8/20/09, 12:04 pm
Seshadri Srinivasan www.lawconcern.com

You can cancel the sale deed itself. Issue a lawyer notice for such cancellation.

For help you can email me with scanned copy of sale deed and correspondence showing that buyer's claim to deposit with IT department.

regards

Seshadri Srinivasan

Advocate

[email protected]

[email protected]

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Answered on 10/12/09, 3:44 am


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