Cancellation of registered sale deed
Querist :
Anonymous
(Querist) 07 October 2017
This query is : Resolved
I have registered a property two years back in front of registrar by accepting PDC mentioned in sale deed but after some days due to some problems with his bank dispute he closed his bank account and he requested me to return a pdcs issued by him at the time of registration and until now he failed to make a payment. Now I don't want to sell my property because my money problem is solved and I want to cancel that sale deed but he is not ready to cancel.so now what should I do or what will be the easiest way to come out of this dispute. please suggest me.
A. A. JOSE
(Expert) 07 October 2017
Please be bold enough to reveal your bonafide by disclosing your identity as annonymous queries are seldom answered in this forum.
Querist :
Anonymous
(Querist) 07 October 2017
My name is Ajay sinha I am from Surat.
Querist :
Anonymous
(Querist) 07 October 2017
Sir I am not disclosing my identity but I am new to this portal by mistake it happened.
P. Venu
(Expert) 07 October 2017
Learned Expert Shri A.A.Jose,
This portal offers the querists the option of posting the queries as anonymous. It appears that some among the experts have been hasty in prescribing the norm of "no reply" to anonymous queries.
I trust you would agree with me there could be compulsions for the querists to remain anonymous because of the issue they are posting and circumstances they are placed.
Advocate M.Bhadra
(Expert) 07 October 2017
If sale made absolute by transfer of property from vendor to purchaser by a registered sale deed,such transfer cannot annulled by executing deed of cancellation. Cancellation of Sale deed can be ordered only under section 31 of Specific Relief act.
. When cancellation may be ordered.—
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
Rajendra K Goyal
(Expert) 07 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Dr J C Vashista
(Expert) 08 October 2017
I respectfully disagree with expert Mr. P Venu and stand with experts Mr. AA jOSE as well as Mr. Rajendra K Goyal against responding an "anonymous" author, which is against the rules of this platform, therefore, may I request expert Mr. P Venu to cooperate and abide by the rules of this site.
On the point of remaining "anonymous" author, there can not be any excuse as this site is FREE OF COST and available in public domain which is accessible to all and sundry. If the author prefer to be "anonymous" s/he shall (rather should/ must) prefer to consult a lawyer and not post any query on this site.
Dr J C Vashista
(Expert) 08 October 2017
Mr. Ajay Sinha from Surat (the author),
You have mentioned confusing situations/facts in your query i.e.,
a) you have stated to have got the document of Sale Deed registered giving PDCs in consideration, which have been accepted by you, the vendor (seller) and got the document registered before the Sub-Registrar, is it true??
b) Subsequently due to "some" unexplained reasons the vendee (purchaser) closed his bank account from where the purchaser (vendee) had drawn the PDCs and demanded those PDCs back from you, the vendor (Seller) without payment of balance of consideration/amount of PDCs, is it true? Did you issue legal notice for failure to pay the consideration amount/PDC amount consequently cancellation of sale Deed?
Discuss with a local lawyer.
Querist :
Anonymous
(Querist) 09 October 2017
Thanks bhadra sir and vanshita mam
Dr J C Vashista
(Expert) 09 October 2017
@ Ajay,
I did not find any person named as "Vanshita mam" as addressed by you.
Whom did you submit your thank message?
Who is this vanshita mam?
