Sale deed cancellation
Mukesh Rana
(Querist) 01 July 2013
This query is : Resolved
My friends Uncle Signed a Collaboration Agreement in 2011 with a builder for construction in lieu of which builder was suppose to get 2 floors, now after the project is about to finish my friend came to know that builder executed a sale deed in favour of his daughter in year mid 2012 mentioning that he paid a consideration amount of 28 lacs in cash whereas they told my friends uncle that they are executing this document as part of their collaboration agreeemnt, can we institute a suit for cancellation of sale deed if yes how strong is our case, my friends uncle haven’t received any money in cash or cheque. If anyone can provide a draft of copy of such suit. Thanks
Raj Kumar Makkad
(Expert) 01 July 2013
The builder has played a fraud so not only a criminal case but also a civil suit seeking cancellation of sale-deed is required to be filed at the earliest.
Mukesh Rana
(Querist) 01 July 2013
Sir, Thanks for your suggestion, under what provision of CPC we shall file it.
Mukesh Rana
(Querist) 01 July 2013
I'm sure being a builder he must be having decent contacts in Police as he must have calculated all risk before doing this fraud
Raj Kumar Makkad
(Expert) 01 July 2013
If the builder has good contacts in police and you anticipate foul play then better to file a criminal complaint under section 200 of criminal procedure code. engage a lawyer and he shall move ahead as desired.
Mukesh Rana
(Querist) 02 July 2013
Sir for Civil Suit under what provision of CPC shall we file case against the builder
Mukesh Rana
(Querist) 02 July 2013
Sir my friend is in possession of 2 floor of this said property at present, by any means can builder remove them from this property at current situation.
Dr J C Vashista
(Expert) 02 July 2013
1. Undoubtedly the builder has committed fraud, can you prove the same in the Court?
2. Sale deed once executed is irrevocable,hence cannot be cancelled. The builder must have shown consideration paid in full and final as settled, which your friend has admitted at the time of signing and execution of Sale Deed in presence of witnesses, isn't it?
3. Transfer of title of the property is complete as required under the provisions of Transfer of Property Act
Mukesh Rana
(Querist) 02 July 2013
Sir does that mean we have got no option to nail builder down for his wrongdoing. Builder signed a collaboration agreement and he is witness in sale deed executed under his own daughter, there is no agreement to sale, all amount paid is in cash, there is no witness from our side he made his known people as witness.
ajay sethi
(Expert) 02 July 2013
without going through the papers executed by you it would be not prudent to advise . contact a local lawyer . how can your uncle sign a collaboration agreement mechanically without consulting a lawyer and safeguarding his interests .
Rajendra K Goyal
(Expert) 02 July 2013
In the given facts, agree with the advise of experts.
Consult a local lawyer with all the documents so that advise can be sought as to how the case is to be filed and on what grounds.
R.K Nanda
(Expert) 02 July 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 03 July 2013
Now you require consultation with the local lawyer because the documents are to be seen.
