Cancellation of sale deed
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
The facts are as follows:
A sale deed was executed after consideration of cheque payment was made, but the buyer is not paying part of the cash component. The agreement to sell is only for the cheque compenent. Can I file a suit for cancellation.
1 Will it be a civil suit
2. What shall be the ground of cancellation, can I claim that the cash part has not been paid, otherwise what grounds should be made.
Shailesh Kr. Shah
(Expert) 23 September 2011
1. yes, it civil suit.
2. What shall be the ground of cancellation,
Ans. payment is not made
Can I claim that the cash part has not been paid
ans. you pray for one thing either cancellation or cash part payment not both.
R.Ramachandran
(Expert) 23 September 2011
Dear Anonymous,
According to you, you have an Agreement to Sell. But that Agreement to sell contains only the amount which the buyer is to pay by cheque. According to you the said agreement does not mention anything about the amount payable in cash.
The Sale Deed has been executed indicating that a sum of Rs. .... has been received by cheque No. .... dated ..... (This cheque amount tallies with the amount payable by the buyer according to the Agreement to sell).
Pl. clarify if there is anything wrong in my understanding of the facts.
If the above is the fact, how can you demand anything in cash, which is completely oral and not in the Agreement to Sell.
You will not be able to recover the cash component of the sale consideration now. You will also not be able to get the sale deed cancelled, even by approaching court, on the ground that the buyer has not paid the amount orally agreed to be paid him in cash.
prabhakar singh
(Expert) 23 September 2011
Dear Anonymous,
Mr. Ramachandran is right.It would be hard for any court to digest that any out door cash payment was also agreed to be paid beyond the agreement in writing ,even rule of evidence is opposed to your case you are planing to propose,so i do not view you have any viable case in a court of law,better manipulate out side court as much as you can do.
Raj Kumar Makkad
(Expert) 23 September 2011
If you come out with any additional demand of cash other than what has been mentioned in sale-deed and paid to you through cheque, you are also committing a criminal offence and are also inviting Income Tax authorities to go in depth of your whole income say black money. So there is no use to go to civil court. It is better to mutually settle the issue.
