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procedure for cacellation of saledead

(Querist) 06 October 2009 This query is : Resolved 
I construct a small building with 30 flat i delievered possession 2year before some flat owner not paying mintenance on time & also fitted heawy grill on balcony without written permission & some flat purchaser make permanent internal changes & not to cooperate to forming society what can i do for cancellation of sale dead
Sachin Bhatia (Expert) 06 October 2009
Once you convey the deed to someone else, you can't cancel the transaction without evidence of fraud, duress, or some other illegality bound up with the sale.

Registration is a formality to vest the buyer's right in the land. Once he takes the deed via a valid conveyance, he actually already owns the land, even before he registers it.

Sachin Bhatia (Expert) 06 October 2009
As a Sale Deed is a contract between two parties -- so it's cancellation should also be done with free consent of the same parties.

Bhumik Dave (Expert) 07 October 2009
Agreed with above ld.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2009
agree with the view of sachin.
Y V Vishweshwar Rao (Expert) 07 October 2009
It is the problem with in the Owners of the Apartment Building !

There should be a Common Plotform to discuss and solve the Problems - Common Facilities & utilities , Safty , No one can avoid these liabilities and rigths while owning a Flat in a Buildign .

All the remainign flat owners can register the Society with commonly acceptable terms and conditions.

There should be a Managing Committee to manage the common affairs of the Apartments Building.

Raj Kumar Makkad (Expert) 07 October 2009
I admit with Vishweshwar Rao
Sachin Bhatia (Expert) 10 October 2009
But the question is can they Cancel the Sale deed on these grounds?

The answer is NO

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