LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shiv sharma (NA)     06 June 2010

Challenging sale deed

Dear Members,

My grandfather had sold one tenth share out of 10 kanal agricultural land in te year 2000. This was one kanal = 12 viswa.

However, the buyers cheated and wrote the dimensions in such a way that the area was 15.5 viswa.

Later, they admitted that the dimensions were wrong and made an agreement for correct area. However, they didn't amend the sale deed and sold the property to someone.

Please advice whether the sale deed can be challaenged based on the above mentioned facts.

Thanks. Shiv



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     06 June 2010

Dear shiv, You need to file a suit for declaration of the sale deed executed by the buyers as invalid and alternatively seek relief against the buyers for execution of Rectification Deed (amended sale deed) in your favour. But first issue a legal notice to the buyers and the erstwhile purchasers who have now purchased the land. Best regards.,

-RKK- (Advocate)     06 June 2010

Dear Sir, you should be confident. The law of contract is very clear in cases of contracts which are vitiated by fraud, coercion, mistake, or misrepresentation.  In your case, if it is a fraud, you have every legal right to challenge the validity of the sale deed. However make sure it is possible for you to prove it. After all one question that any one will ask ' were u sleeping when he noted down the wrong dimensions in the agreement'. Role of your party will come under close scrutiny.

him agrawal (owner)     06 June 2010

Dear Sirs,

Seeking advice for my sister's case

Post the martionial dispute and mutual settlement between my sister and her husband, My sister husband has got the 50% share in his undivided house in varanasi registered in name of my sister via a sale deed with stamp duty paid.
The sale deed has been excuted in court and now the enrollment of house in pending in Nagar Nigam under 30 days period.
The house was in name of my sister's mother-in-law who had long passed away and her father in -law also has passed away 1 year back.
her husband has one brother living in same house and other 2 sisters who are residing in thier matrimonial homes, one of them in same city itself.
Now, my sister husband and his brother threatens to cancel the sale deed or create obstacle in ownership of house in name of my sister. they also say that you would not own this house and neither you would be able to sell it and go elsewhere.

Is it possible to get the sale deed cancelled. what are the possibilities and please suggest suitable action plan to protect her case.

 

Thanks

-RKK- (Advocate)     08 June 2010

Your question is actually not very clear. We understand situation is like this:

(a) Your sister and her husband are no more living together.

(b) There is a sale deed in favour of your sister.

(c) Arising out of the sale deed, your sister is the holder of an undivided share in the house ( it can be any part like 10% or 50%)

(d) Your sister is not comfortable in living with other occupants.

Even in the above scenario it is not clear why there is a requirement to cancel the sale deed. There is an undivided share, and any of the shareholders can demand partition.  There are restrictions on the sale of an undivided share in a house to a third party who is not from within the family. However, those restrictions are not such that would prevent an undesiring person to forcibly stay when he or she does not want to.  Your sister can still sell the undivided share in the house ( although she may not realize the true price).

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register