Cancellation of registered deed

Sonali (Querist) 14 January 2018 This query is : Resolved
Hi,
I have purchased a house in Panvel , it is a resell property . I have explained the owner that will be needing Society NOC for loan processing. Initially he said Yess will provide u the NOC. After his confirmation we did registration n paid the stamp duty. Noe the Owner is not giving the NOC saying that the society is not agree to give the NOC. When we meet society people they told us that the builder had to build 21 units he build 25 units which is illegal. They have also mentioned that this is a illegal construction angle it is not approved in CIDCO. They have filled the case against the builder to regularise the same. Till then society is
not ready to give the NOC to him.
Now we chose the option to cancel the registration deed, for that I told the owner that to pay me the amount which I am going to lose after cancellation of deed (i.e 2% will get deducted from the stamp duty which I paid)also the amount given to agent at the time of registration coz only after his confirmation we registered the sale agreement. He is not ready for this option.
Now I have decided to first cancel the deed n get my money back.for which we have made the cancellation deed but he is continuously changed the various clauses in the cancellation deed. He even hided the NOC problem that he has not yet produced to us.
Kindly advice me what to do as I don't want to lose a single penny of mine only because of his lie.
He is manipulating us and the deed also.
Plz help

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P. Venu (Expert) 14 January 2018
You need to approach a civil Court.

Kumar Doab (Expert) 15 January 2018
The sale deed can be cancelled by joint agreement.
If there are defects in the sale you need to approach court.

Dr J C Vashista (Expert) 16 January 2018
You did not follow the maxim "buyer beware" then you will have to face consequences.
Seek services of a local prudent lawyer for cancellation of Sale Deed through Civil Court.

Sonali (Querist) 23 January 2018
Now I have cancelled the deed. I paid the agent fees n now I got to know that registration fees is non refundable. Also I have to pay 10-15k as lawyer fees for cancellation procedure to refund the amount. Can I go to local police ? Is it true dat registration fees is non refundable?

Guest (Expert) 23 January 2018
You could write to IG- Registrar of concerned Registrar Office marking copy to concerned Registrar to consider your pleadings of Refund.The Police can not be involved in this.

Sonali (Querist) 21 February 2018
My cancellation of deed is in process now.. but I got to know that there recently one GR has been passed which states that the cancellation deed should have a clause that I haven't yet got the possession n 2 nd clause that I have received my the money from the owner... 2nd clause is there in the cancellation deed but 1st clause is not there.
Now the person who is handling the refund process in Alibaug is saying that the refund may be rejected due to the 1st cause is not mentioned so that either to make new deed or n he is demanding 3000 rupees to process
Is it true that the new GR has come?
One more thing my total loss is going to RS 55000/ in which 30000 is registration fees which is non refundable.

Kindly revert your advice in both the cases

Cancellation of registered deed

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