About sale deed

PRATIKANT (Querist) 19 April 2013 This query is : Resolved
how much time we have to cancelled a home sale deed as per property law?

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elgin matt (Expert) 20 April 2013
Dear pratikant,

In the query you have not specified whether the deed is registered document or otherwise. if it is registered then you will have to file a suit for cancellation of a registered document in the court where property is located preferably within the same year though the period can extend subject to the court allowing the same.

*Adv. Elgin Matt John, elgin@elginmattjohnandassociate.com, www.elginmattjohnandassociates.com 9818732715

Raj Kumar Makkad (Expert) 20 April 2013
This is your repeated query whreas your earlier query raised in the same words has duly been replied.

Advocate Ravinder (Expert) 22 April 2013
There are two questions (1) Whether the sale deed is registered or unregistered. (2) reason why you have to cancel. Because without proper reason you cannot set up a plea for cancellation. If it is unregistered, it can be easily cancelled, but there should be proper reason, otherwise you have to pay back the amount to the purchaser.

If it is registered, you have to file a case for cancellation of sale deed before the local trial court by giving valid reasons. If you fail to give proper reasons, you have to pay back the amount to the purchaser with interest.

In case the sale deed is obtained by fraud, cheating and mis-representations etc, then it can be cancelled and the amount paid will be forefieted. Moreover, you can also file criminal case against the purchaser.

prabhakar singh (Expert) 22 April 2013
Mutually both parties to the deed can cancel it any time by executing and registering a cancellation.

But for a cancellation by suit the time is 3 years from the date of deed or cause of action becomes known and no court has power to condone delay of even a single day.

To say that 'though the period can extend subject to the court allowing the same.'is a misconceived idea.

The grounds of cancellation may be either want of free consent,such as play of fraud, undue influence,coercion or misrepresentation etc.,or forgery or impersonation etc.