Cancellation of sale deed

Querist : Anonymous (Querist) 12 May 2011 This query is : Resolved
hi 5 months back i have executed a registered sale deed of my agricultural land.In that i have taken two post dated cheques which was mentioned in that deed.now both the cheques were dishhonoured.since the purchaser has failed to pay the considerable amount he himself wants to cancell the sale deed.So my question to you is can we both mutually go and cancell the deed?

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adv. rajeev ( rajoo ) (Expert) 12 May 2011
First issue notice to the purchaser u/s 138 of NI act and then file a complaint u/s 138 of NI Act and civil suit for cancellation of sale deed.

mastanrao.bhogadi (Expert) 12 May 2011
Sir you can execute a cancellation deed of the sale deed already executed

Guest (Expert) 13 May 2011
Your cancellation deed won't work if the original sale deed remains with the person in whose favour you have registered the sale deed. Better at first adopt the process as advised by Mr. Rajoo, as the party is liable to make the payment in lieu of the dishonoured cheques.

However, if you have the original deed also in your possession, better prepare cancellation deed and submit to the registrar along with the original deed to be cancelled under the seal of the registrar and official reord be also rectified with necessary remarks of cancellation.