Null & void contract suit against a sale deed
Priya Ranjan
(Querist) 13 July 2018
This query is : Open
Dear Experts,
Kindly help me in the below case. I would like to know the possibility to succeed in this case a my father "B" got cheated by others.
In a sale deed dated June 1992, “A” & “B” sold agriculture lands bearing survey no.1,2,4 to “C”. None of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (actually survey no.3 is “B” property and he is not willing to sell it). “A” ex-owner of the property completely received consideration for this sale, and the same mentioned in sale deed.
Now, Can “B” file a suit for NULL & VOID Contract case for entire sale deed which got registered in favor of “C” (i.e. for survey no.1, 2 and 4) in the year 1992 (around 26 years now), based on the ground that no consideration received by “B”, and “A” have no legal rights to sign the sale deed as 1st party seller & to receive entire sale consideration alone from “C”? If yes/no, under which Act & Sections/Provisions?
