Sale deed cancellation
Praneeth
(Querist) 29 June 2016
This query is : Resolved
Respected Expert,
Last week(22nd June) my friend purchased a plot(Land) and got it registered via sale deed in SRO office. Now he wants to cancel it due to some disputes. How can he cancel the sale deed? And does the stamp duty paid during sale deed will be refunded?
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Issue here is that, after registration both vendor and my friend(vendee) came to know that some part of the land which is sold to my friend is already sold to someone else. Because of this my friend(vendee) with acceptance of vendor wants to cancel the registration(sale deed).
Now, how can he cancel the sale deed? And does the stamp duty paid during sale deed will be refunded?
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Please provide us necessary information.
Kumar Doab
(Expert) 29 June 2016
It is settled legal principle that..... 'any action done by fraud cannot legally exist'.
Check with SRO and IG-Registrations if inquiry by revenue officers and discovery of fraudulent transaction by them shall suffice to cancel.
Also check from SRO/Collector of stamps, if the state rules provide for refund in such cases.
Or approach a very able counsel specializing in such/revenue/property/civil matters with all docs/evidences on record to proceed for cancellation of sale deed, and fasten the responsibility of loss of stamp duty/registration charges/Misc. expenses on seller.
Praneeth
(Querist) 29 June 2016
Hi Kumar Doab,
Thanks for the information provided.
Issue here is that, after registration both vendor and my friend(vendee) came to know that some part of the land which is sold to my friend is already sold to someone else. Because of this my friend(vendee) with acceptance of vendor wants to cancel the registration(sale deed).
Now, how can he cancel the sale deed? And does the stamp duty paid during sale deed will be refunded?
Kumar Doab
(Expert) 29 June 2016
It is bilateral executed contract.
Visit SRO and inquire.
The registering authority may agree to cancel with mutual consent of both vendor, vendee. The stamp duty/charges shall be payable again.
You may preferably show the sale deed and mutation record, link docs to a very able counsel specializing in such/revenue/property/civil matters.
R.K Nanda
(Expert) 29 June 2016
Nothing to add.
Rajendra K Goyal
(Expert) 29 June 2016
It can be cancelled through court decree / again purchase process / Registered cancellation deed.
Praneeth
(Querist) 29 June 2016
Once again thank you Kumar Doab for your valuable suggestion. As you suggested, I inquired this at one of the document writer at SRO office.
1. How can he cancel the sale deed?
Ans: Sale deed can be cancelled and it costs around Rs.3000/- including document writer fee
2. And does the stamp duty paid during sale deed will be refunded?
Ans: No, stamp duty will not be refunded.
Please correct me if I am wrong.
Kumar Doab
(Expert) 29 June 2016
Your query in the last post has already been answered in previous posts.
Kumar Doab
(Expert) 02 July 2016
The query has been posted at:
http://www.lawyersclubindia.com/experts/Can-sale-deed-be-reverted-by-cancellation-deed-or-re-conveyance-deed--606026.asp
