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JayRdy (Na)     07 August 2025

Cancellation of sale deed as legal heirs

Hi 

My father  purchased around 7000 sft of land in 1966 he deceased in 1995. 

One person claiming to be gpa holder gpa dated 1990  and agreemnt holder of my father executed  35 sites( 30x40  sft sites 42000 sft in total ) registration deed in period 1992 to 1995. The gpa bore no witness from any one from my family several overwritting is present with whitner and my Father to our knowledge was bed ridden during that period. No one knew abt that property as we were young.

 The property number mentioned in 35 sale deed is adacent owner property number. All 35 sites same numebr is mentioned. This 35 sites is spread across my father property and 3 adcent property owners and some portion of my father property is still vacant.

I recently got to know about it when adacent land owner has filed Declaration suit and filed a paper publication for issue of summons.

Can I as legal heir file suit for cancellation of deed sale deeds  and

limitation period please and 

what remedies are available to me. The adacent owner has sought my help and he has done survey. 



 6 Replies

P. Venu (Advocate)     07 August 2025

"My father  purchased around 7000 sft of land in 1966 he deceased in 1995."

Who is in possession/occuption of the prperty?

JayRdy (Na)     07 August 2025

Some people who took sites in possossesion and some portion is unsold vacant. my father name is misused and mispresented in 35 sale deeds and property no. Not belonging to him as if he gave gpa for adacent property as is.  The gpa is notarized copy. Can I file for cancellation of sale deed... i don't mind if possession is not delivered to.me.

T. Kalaiselvan, Advocate (Advocate)     08 August 2025

The registerd sale deeds pertaining to the year 1992 or before that cannot be cancelled now.

Moreover it is not known what exactly happened, hence without seeing any documents any opinion rendered would be a misguidance.

You may better consult an advoate in person with your papers.

1 Like

JayRdy (Na)     08 August 2025

Thanks for opinion sir.

 My father property and adacent property is sold as gpa holder by xyz with mention of adacent property no.

In 1990. My father age was 85 years. Way back in 1966 his age is doc in property 7000 sft he purchased is 60 plus years. He died in 1995 at age of 90 years.

In notarised gpa dt 1990 in possession of xyz it is shown 60 years and thumb impression is present. No signature or witness present. Hence its fabricated by xyz.  

I got to know by seeing paper publication by adacent owner who filed Declaration suit. 

Hence suit for cancellation is still not valid on fraud please. 

T. Kalaiselvan, Advocate (Advocate)     08 August 2025

Your father is not alive to prove that it was a fabricated document, in fact it is he who is aggrieved by this fraudulent act, especially this is reported to have taken place in the year 1990, i.e., almost 25 years ago, nothing prevented you from taking any action at least immediately after your father's death, besides the property was neither in your father's possession or in the possession of his successors in interest.

Therefore it is not only barred by limitation but also since your father was not even a party to the sale deed, neither you were a party to deed, cancellation of sale deed at this stage may not be entertained however, if you plead that this delay was due to late knowledge of the same and if you file a declaration suit to declare the sale deeds as null and void   based on the evidences in your possession, the court may allow you to file the case, but the result would depend on how you are conducting the case through  an efficient lawyer in furtherance. 

1 Like

JayRdy (Na)     08 August 2025

Sir thank you.  I was unsure of his purchase of property. I am female and after marriage I moved to husband home. Adacent property owner has brought all these to my knowledge as he is in possession of my father all documents while investigating fraud.

My father was ill during his last year's he never left home. I can safely say he would not have executed notarized documents.

Though xyz  sold sites as gpa holder of my father.

 Is it still valid to say my father is not party to deed. 

 

 


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