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can a consumer court order for cancellation of a registered sale deed ?


Respected Learned Members, I had entered an agreement for sale for purchasing a flat in Kolkata in June 2013. I had taken possession on March 2014 and enjoying the possession of the said flat still now. Developer had also taken the entire amount as per sale agreement and issued a written possession letter in favor of me. After several times of requesting by letters to developer for registration the said flat in favor of me. But developer had not made the registered sale deed in favor of me. On the other side , the said(same) developer had sold the above mentioned flat (same) to another person instead of me by making a registered Sale Deed in favor of him (another person )on April 2014. So, I have filed a case in consumer court. I pray to court to register the said flat in favor of me after set aside / cancel the said flat which was already registered in favor of another person. In this situation, can the consumer court cancel the registered sale deed and registered the said flat in favor of me or else what is the option ? With regards.
 
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YOU SHOLD PROVIDED TO COURT ALL DOCUMENTS WHICH MAY PROVE THIS FLAT OF YOURS, THEN COURT DECIDED WHAT IS RIGHT, IF FLAT IS YOURS COURT WILL PROCEED CANCEL SALE DEED OF ANOTHER PERSON, ALSO YOU SUIT A FILE TO DISTRICT COURT  FOR A BETTER RESULT

 
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Lawyer, Scholar

This is no case for Consumer Forum johnnies, who's advising you ??!!! File a Civil Suit for Specific Peformance of your Agreement to Sell and Declaration with Mandatory and Pemanent Injunction in respect of the subsequent (second) sale; immediately get an interim order to restrain futher transfer and creation of rights in the said property or you might end up with a deadend case for years on.

 
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www.vashiadvocates.com

The advice of Adv Atul is correct. The Consumer Court cannot help you to retain the Flat as they cannot order cancellation of registered sale deed. A civil suit with immediate interim relief is your best hope.

 
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Originally posted by : Ranit Saha
Respected Learned Members, I had entered an agreement for sale for purchasing a flat in Kolkata in June 2013. I had taken possession on March 2014 and enjoying the possession of the said flat still now. Developer had also taken the entire amount as per sale agreement and issued a written possession letter in favor of me. After several times of requesting by letters to developer for registration the said flat in favor of me. But developer had not made the registered sale deed in favor of me. On the other side , the said(same) developer had sold the above mentioned flat (same) to another person instead of me by making a registered Sale Deed in favor of him (another person )on April 2014. So, I have filed a case in consumer court. I pray to court to register the said flat in favor of me after set aside / cancel the said flat which was already registered in favor of another person. In this situation, can the consumer court cancel the registered sale deed and registered the said flat in favor of me or else what is the option ?

With regards.

 
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The above is happened with us Builder exeucted agreement with 6 buyer on theplot of land owners, constucted the 6 row houses, by the consideration of buyers and then through plot lland owners sold to thoird party entire constucted Row Houses as a plot, when we approached to District forum, can District / state Forum cancelled the fradulunt sale deed as plot, third party alineated same as Row hoses to fourth party during the pendecy of the complaint,91% consideration paid by us to builder, can District / State forum delivered us our Rowhouse/

?

 

 
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