Validty of sale deed

M. PIRAVI PERUMAL (Querist) 19 April 2011 This query is : Resolved
Sir,

One of my client intending purchase a property has entered into an sale agreement with one Mr. X. While the above said sale agreement was in subsistence Mr. X has executed a sale deed in respect of the said property to a third party. Subsequently the said Mr. X has again executed a sale deed in favour of my client ? Now the said third party is claims right based on the sale deed. My client insists that since he is having sale agreement the sale made during the subsistence of the sale agreement is void ? Learned LCI members advise how to proceed. Kindly provide me citations in this regard so to proceed in the matter.

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M.Sheik Mohammed Ali (Expert) 19 April 2011
you can send the notice to Mr.X for cheating and file a case to the court null and void the second sale deed.

Sri Vijayan.A (Expert) 20 April 2011
Agree with Mr.Ali.
In addition to this, you have to prove that the agreement was really executed before the execution of the sale deed to the 3rd party.
The third party may initiate proceedings against the X and your client.
Before that you have to initiate/ file to declare the sale deed as null&void

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