challenge a sale deed

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved
I have purchased a freehold property from my brother with a consideration of cash in year 2003. Being a brother i paid the amount in cash and took no receipt. I have only sale deed which states the transaction as follows.
"Whereas the vendor for his bonafide needs agreed to sell the said property to the vendee and vendee has also agreed to purchase the same for sun of Rs. xxxxxx/-. The entire consideration amount has been received in full and final settlement of sale price and nothing is left due out of the sale price, which is admitted by vnedor and vendee before the sub-registrar delhi"

After 8 years Now my brother is threatening me that he will move to court to cancel the sale deed as he didn't receive any payment or i give him 50% share. I am afraid that i too have no valid proof of payment given to my brother except the sale deed.

Please suggest, how can i safeguard my interests and save my property from being stuck in a court case for long time.
Do selling the property to another person is a good move?
Is it required to prove the consideration transactions before court even in case of cash.
The wittness in sale deed case were also arranged by the deed writer to prepared my papers and not known to me or my brother.

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R.Ramachandran (Expert) 24 May 2011
Your brother is only trying to scare you.
If you will be able to show that you had enough 'cash' by that date, you will be able to defend your title.
Selling the property to any third property fearing action by your brother is not the best of options.
But if you are in Delhi, it will be advisable for you to contact a lawyer and show your documents.

M.Sheik Mohammed Ali (Expert) 24 May 2011
i do agree expert query reply

Devajyoti Barman (Expert) 24 May 2011
Nothing to worry, your brother has a very weak case.

The Deed itself is a strong presumption of sale on consideration especially when there is a clear recital.

So no need for any distress sale.

Jitendar Kumar gupta (Expert) 24 May 2011
don't afraid to the threat of your brother. try to make him understand that you are the owner and the property is yours. if he does not stop then take the help of police.

adv.rajendrasharma (Expert) 24 May 2011
in my view unless u establish that on dt of execution of sale deed u were having cash consideration then only u can succed to defend ur title & ownership ,don,t bog down threat of ur brother if necessary u can file police complaint , to sell property to 3rd person is not advisable bu better to take help of ur advocate practicing in civil side

Querist : Anonymous (Querist) 25 May 2011
I had paid the consideration by selling gold inherited by my wife from her/my parents. As i said that i have no receipt of sale of gold jewelry and neither receipts from my brother. Does this statement enough to establish that on date of execution of sale deed cash was paid.

R.Ramachandran (Expert) 25 May 2011
You are unnecessarily getting hyper over this issue. Please keep quiet. Let your brother make a move. Then only you can think about anything. Presently you have no activity or role to play. There is no point in discussing hypothetical things now.

M/s. Y-not legal services (Expert) 26 May 2011
Yes. Am agree with mr.ramachandran and mr.barman. You just leave your worry. If your brother proceed any case against you mean then you can break it easily.

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