Cancellation of registration

Lakshmipriya (Querist) 04 January 2013 This query is : Resolved
Hi Sir/Madam,

The Registration of Land was done around 4 years before. The land measurement is about 9 acres and landlord sold only 8 acres keeping about 20 Foot way for common use. All 4 boundaries for the sale of land is right.

Though the seller sold only 8 acres in paper, if we measure the land (leaving the 20 foot common way) it will come more than 8 acres. Based on this scenario( paper shows less acres than what is in actual land), Is it possible for the land lord who sold the land Cancel the sale & Registration of Land?

Thanks in advance for your help.

Thanks,
Lakshmi

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ajay sethi (Expert) 04 January 2013
no he has to execute deed of rectifcation . he has already sold the land

Raj Kumar Makkad (Expert) 04 January 2013
I humbly disagree with the advice of Ajay. The buyer canot get more than the sold. Rectification deed shall not work. The due ownership of the excess land is still with the seller and he can get it back on measurement as and when he requires to he comes to the knowledge of his land so better to purchase rest of the land over 8 Acres so that the issue may be ended for ever.

Lakshmipriya (Querist) 05 January 2013
Thanks for your advice sir. i will try to meet with the land seller to settle down the issue.

Under Any other Scenario, the Landlord who sold the land can go for Cancellation of Registration? He & his Sons and grand sons all signed the Registered Sale Deed.

Raj Kumar Makkad (Expert) 05 January 2013
Sale deed cannot be got cancelled either by land owner (seller) or his legal heirs in view of excess measurement of land given to the buyer.

Lakshmipriya (Querist) 05 January 2013
Hello Sir,
Is there anyway a original landlord who sold the land, can claim back his sold land?

the Landlord and all his legal hires signed the registered sale deed. It is already 4+ years over.

thanks

Advocate Ramesh (Expert) 07 January 2013
Can't claim back his sold land. No problem don't worry

adv. rajeev ( rajoo ) (Expert) 07 January 2013
sale deed always prevails.

V R SHROFF (Expert) 07 January 2013
Sale deed cannot be cancelled. It can be subjected to survey and measurement over 8 acres can be sold to another party.

8 acres land is sold absolutely. location may shift to adjust 8 acres.
If agreement contents wording"8 acres or thereabout," all land in his possession is sold" , as 5% here and there is always adjusted, being minor mistake.
Keeping quite for 4 years also prove consent for "thereabout"

Raj Kumar Makkad (Expert) 07 January 2013
You should contact the seller and should offer with purchase of extra area on the current market value and then should get registered a registered sale-deed of that are so as to end the problem for ever.