`Venkatesh k 26 November 2015

Cancellation of deed - tamil nadu

Hi I'm from tamil nadu. I bought a land from buyer(party 1) in the year of 1998 who earned this property by his own and this is not ancestral property and i paid all stamp duty and executed sale deed. I got patta and chitta for that survey land in my name and also the sale deed is present in EC. But in the year 2002, party1's son sold the survey land to some other buyer and executed the sale deed and this deed also present in the EC where party1's son has no right to sell the property as its his father's self earned property and even sale deed has been executed.

My question now is

1. how can i cancel the sale deed ?

2. if they are not in mutual consent and not ready to cancel the sale deed. how can i proceed further?

3. can i appeal the registrar regarding this or approach civil court through lawyer?

4. I'm not ready to approach civil court as it takes year to give judgement.

So please i need suggestion from you experts how to move further.

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3 Replies

Arvind Singh Chauhan (advocate) 26 November 2015

Only civil court is competent to cancel the sale deed. If you don't want to approach to court.

Do confirm the following points-

1- Whether after buying the land in 1998, mutation proceeding took place ? If your name has been muted you have good ground.

2- When his son sold the same in 2002, whether mutation took place in favour of new buyer ? if not, file the objection in mutation proceeding.

Otherwise civil court is the only remedy.

S.Lakshmikanthan (senior) 26 November 2015

1.prope way is to set aside or pronounce null and void sale excuted by the 1st party son sale deed trough court,but in your case already limitation act will apply for sue case because up to 2005 year only ,your are locus standi to set aside or null void the above sale .

one think without approach proper court ,you cannot come over from above crises.

you vl nearly wasting 13 years to take step trough proper channel.