Revocation of sale deed
KAUSHAL SHARMA
(Querist) 05 April 2014
This query is : Resolved
Dear Sir,
My father made a sale deed in my brothers name in 2002, after his death we had filled Civil Case in Delhi for declaration of deedas null & void due to consideration amount ws not paid. Court dismmissed my application with remarks that I ws failed to proove that consideration was not paid.
But, court also struck off one issue 'WHEHTER DEFENDANT (MY BROTHER)IS ABSOLUTE OWNERSHIP" and ordered that Issue UNDECIDED.
NOW PLS ADVISE : WHAT I HAVE TO DO
1. Wheather to appeal
2. Whether Defendant can become absolute owner - and by which way, as the case closed.
POSSESSION OF THE PROPERTY is with us means rest of the family members from execution of Sale Deed.
KINDLY HELP AND ADVISE (MY ORDER IS AVAILABLE ON DELHI DISTT COURTS JUDGEMENT PAGE OF S.C.J.-CUM-R.C. MS. RACHANA TIWARI CASE NO. 136 OF 2004 DATE OF JUDGEMENT 11.03.2014
Devajyoti Barman
(Expert) 05 April 2014
When sale deed is nor declared as null and void then your brother will be deemed to be its owner albeit he is not in possession. Now unless you go to appeal and pray for stay on operation of judgement your brother may claim for possession in no time.
Rajendra K Goyal
(Expert) 06 April 2014
Since the sale deed was not declared null and void, your brother is owner of the property.
Dr J C Vashista
(Expert) 06 April 2014
I agree with the experts advise.
Engage a local lawyer and proceed as his/her advise
Advocate. Arunagiri
(Expert) 06 April 2014
1. How do you say that the sale consideration is not fully paid, is there any statement in the sale deed?
2. If the sale deed is registered it is complete in handing over the posession, but you that you are in possession, how?
3. If the settlement is available at a lesser cost, why you have preferred the sale deed?
Guest
(Expert) 06 April 2014
Sale deed in itself is deemed to be fully paid off as the registrar of properties do not sign the deed without confiming from the selling party about receipt of consideration amount for the property.
So, if you can bring forth some solid proof about non-payment of dues only then you should think about fighting the case any further, as the liability to prove rests only on you, being the prosecutor of the case.
ABOUT YOUR QUERIES -
1. Wheather to appeal
2. Whether Defendant can become absolute owner - and by which way, as the case closed.
To get appropriate advice on these points of issue, you are advised to get the copy of sale deed as well the contents of petition and its judgment duly examined by some expert in person.
However based on your own description, so far appeal is concerned, that can be considered by the appellate court only on the lacunae of the judgment vis-a-vis the law of the land. About second point of ownership, any opinion can be made suitably only on examination of the contents of the sale deed. However, on the face of your description, only your brother seems to be the absolute owner of the property and can claim possession from your family any time.
Sudhir Kumar, Advocate
(Expert) 06 April 2014
well elaborated by Mr Dhingra.
The facts so far given by you indicates that your father was not happy with you and he gifted the property to your brother and now after his death you agitated.
Nothing new.
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
I agree with the experts that once the court has dismissed your suit for the reason that you have not proved your case, your brother may file a suit for eviction and possession of the property, hence along with the an application for appeal, file an application for injunction too on the safer side.
KAUSHAL SHARMA
(Querist) 07 April 2014
thanks to all for your kind advise. Pls also advise for further cause of action in this regards.
KAUSHAL SHARMA
(Querist) 07 April 2014
DEAR ALL,
PLESE ALSO TREAT ONE BELOW MATTER AS THE SAME WAS NOT REFERRED PREVIOUSELY BY ME :=
IMPORTANT : WE HAVE SUBMITTED ONE DECLARATION SIGNED BY OUR FATHER DULY NOTARISED THAT , HE (FATHER) HAD NOT SOLD ANY PART OF HIS PROPERTY, AND HE IS BEING PRESURISED BY HIS SON (OUR BROTHER) TO SIGN THE SALE DEED FOR PURPOSE OF HIS LOAN, IN ANY WAY NO ONE WILL BE CONSIDERED OWNER OF MY PROPERTY AND MY SON (BROTHER) DID NOT PAY ANY AMOUNT FOR THIS SALE DEED.
This declaration is also under consideration in Plaint, but, Judge declared that we were also unable to proove the signatures and this declaration. Can this declaration will help in the matter, if we proove this in appeal......
KINDLY ALSO ADISE GENTLEMEN..
WITH RGDS
KAUSHAL SHARMA (09818153628) DELHI
ajay sethi
(Expert) 07 April 2014
you ought to have examined hand writing expert to prove your father signature . in the alternative produced his original Pan card , Passport etc so that court could verify that the signatures were identical .
as earlier advised by experts contact local lawyer and go by his advice
KAUSHAL SHARMA
(Querist) 07 April 2014
RESPECTED AJAY JI THANKS FOR YOUR SWIFT SUPPORT, BUT, THIS CAN BE DONE FROM MY SIDE AS I KNOW SIGNATURES ARE 100% GENUINE, BUT KINDLY ADVISE WHETHER THIS TYPE OF DECLARTION WILL HELP US IN DECLARING A SALE DEED NULL & VOID...
WITH RGDS
KAUSHAL SHARMA
ajay sethi
(Expert) 07 April 2014
if you had proved the contents and that said declaration was duly signed by your father it would have helped in substantiating your case that no consideration was given for sale of property
KAUSHAL SHARMA
(Querist) 07 April 2014
YES A GREAT SUPPORT, THE SAME WAS ADVISED BY OUR ADVOCATE. MORE OPINION IN THIS REGARDS EXPECTED FROM OTHER LD. ADVOCATES, PLS HELP AND SUPPORT.
WITH RGDS
KAUSHAL SHARMA
Devajyoti Barman
(Expert) 07 April 2014
You are already advised on this..now query is resolved.
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
As advised by experts, you may file a petition for sending for the disputed signatures for a handwriting expert opinion u/s 45 of Indian Evidence act.
V R SHROFF
(Expert) 08 April 2014
signed BEFORE NOTARY // OR REGISTRAR , NEED NOT BE PROVED..
KAUSHAL SHARMA
(Querist) 08 April 2014
THANKS TO ALL LD.COUNCILS,
YES MR. SHROFF, U R RIGHT, BUT IN JUDGEMENT IT WAS MARKED THAT WE DIDNOT PROOVE FROM THE NOTARY PERSON, IT IS OBSERVATION OF THE JUDGE. ANY HOW, IN APPEAL, WE WILL FOCUS ONLY ON THIS DECLARATION, BECAUSE THIS IS 100% GENUINE. WE WILL FILE, BANK SIGNATURE RECORDS, AS WELL AS, OUR FATHERS SIGNATURES RECORDS FROM GOVT. OFFICE WHERE MY FATHER SERVED FOR 40 YEARS, I.E. C.O.D., DELHI CANTT., MINISTRY OF DEFENCE. GOVT. OF INDIA.
WITH RGDS
KAUSHAL SHARMA
