Property- cancellation of sale deed
Guest
(Querist) 14 May 2015
This query is : Resolved
my query is regarding the cancellation of sale deed and what is the procedure for the same..
Let me explain the same in breif:-
In 2001 'A' sold the land to 'B' and 'B' did not marked his name on the mutation records (making A the original owner).. though the sale deed was properly registered..
and later then in 2007 'A' sold the same land to 'C' and 'C' got the mutation registered in his name and he purchased the land bonafidely as 'A' was the owner as per mutation records..
Now 'B' has filed a suit for permantent prohibitory injunction in 2014 against 'C' (my client)...
Now there is a compromise between 'B' and 'C' regarding the said land and they both wants 'C' to keep the land..
Now is there any way by which the sale deed between "A" and "B" can be cancelled and that too without the intervention of "A"..
As if the dispute arises then "B" will get the property as his sale deed was registered earlier..
sukanya (Joyce)
(Expert) 15 May 2015
how the matter got compromised between B &C , is C willing to pay the stamp duty to B and also the previous deed amount as per their understanding? ...clear it.
B has to implead A in his suit, how he did mis joinder of party. and without A , B & C cannot do any thing.
ask B to create Unregistered relinquish deed in favour of A again and then the sale deed of A to C will b valid. All three under the understanding n consent can do this.
draft compromise petition n proceed the Case.
or else, B can withdraw the case taking his part of benefit. but C& B has to bear the risk of their own negligence. C failed to check the clear title. or take encumbrances certificate from concerned authority & B failed to get done his mutation entry, consequences resulted this. so suggest n discuss this with clients n better withdrew case by compensating B with reasonable amt.
sukanya (Joyce)
(Expert) 15 May 2015
if any encumbrance certificate is given to C, n if any dairy entry of B sale deed registration is not shown in the D- record, there is an option to pull the shirt of those thasildar or CTY survey authorities to compensate the money thru civil case against them again either before Ac or civil CRT. C and B can file joint petition for this.
Guest
(Querist) 15 May 2015
There is a compromise between B and C..
C is ready to pay B a consideration for the land..
Now there is no intervention of A, as his wearbouts are unknown till now..
As the name of my client i.e. C is in the mutation records should he withdraw his name from therein by filing NOC with the concerned wherein he will admit that 2001 sale deed is upheld and B is the owner
And then purchase the same land from B as owner by paying the requisite stamp duty and all..
In order to get a legal title over the property..
The compromise include the cost of the land but it is not sure that B will agitate afterwards or not...
Or do I have any other remedy for the reat of the life without any litigation..
M V Gupta
(Expert) 15 May 2015
A ceased to be the owner of the property on his executing registered sale deed in favor of B. As such the sale deed obtained by C subsequently from A for the property did not confer any title on C in the eye of Law.As B and C have now reached a compromise under which C will pay to B the price of the property, they may file consent terms in the suit filed by B to the effect that C agrees for cancellation of the Sale deed he had obtained from A and also agrees to obtain fresh sale deed from C. A decree may be obtained from the court in terms of the consent terms.Ensure that C obtains fresh sale deed and gets the consent decree registered along with fresh sale deed.
Kumar Doab
(Expert) 16 May 2015
This query is also posted at:
http://www.lawyersclubindia.com/experts/Sale-deed-537941.asp#.VVd04lJ-hkg
Mr.Gupta has explained.
M V Gupta
(Expert) 17 May 2015
Fresh sale deed should be obtained from B and not C as mentioned in my above response. Regret the error.
Guest
(Querist) 17 May 2015
Thanks a lot sir for ur concern and help..
Guest
(Querist) 17 May 2015
Thanks a lot sir for ur concern and help..
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
I agree with the detailed opinion rendered by expert Mr. MV Gupta on the subject issue. By merely not getting the name mutated in the revenue records, a purchaser will not lose his title to the property purchased vide a registered sale deed document. The subsequent sale of A to C is illegal and null and void in the eyes of law, the mutation done in favor of C is also invalid. The option now available before the parties is through a compromise decree and judgement drawn on terms mutually agreed between them which has been suggested by the above expert.
malipeddi jaggarao
(Expert) 19 May 2015
Member's account deleted and it is repeated query. Hence no need to reply.
