gaurav rastogi 06 March 2024

Cancellation of registered sale deed

Sir ,

I have sold one plot in 2021 vise registered sale deed against clearing cheque .Chq was dishonoured when presented in bank .Discussions with the opposite party did not yield any result .

Civil suit u/s 38 (specific relief act) filed in 2023 but there is no progess in the same .

Honorable judge had asked our learned counsel to submit case references for stay / cancellation of registered sale deed due to non receipt of consideration amount which he was not able to provide .

Need your valuable guidance in the matter .

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Quick Summary

A seller registered a sale deed for a plot in 2021, but the buyer's cheque was dishonoured. Despite filing a civil suit, progress is stalled. The advice given is that a registered sale deed cannot typically be cancelled for non-receipt of payment. Instead, the seller should file a money recovery suit to reclaim the sale consideration amount, ensuring it's filed before the limitation period expires and withdrawing the existing suit.