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selva (technical leader)     31 July 2012

Direction required - cancelled sale deed

Hello Folks!

Am new to this forum and found lots of information shared amoung members. Now,  am planning to buy a property in Chennai, Tamil Nadu. I need your guidelines for the below senario.

2011  -  Person 'A' bought the said  property  from 'B'

2011 - Patta transferred to 'A'

2012 - Due to some  reason the sale deed which was executed in 2011 was cancelled by the mutual  concent. I could see that both the parties were signed and registered the same in sub registrar.

Questions are:

Can I buy this property from the person 'A'?

Will this be a problem while transferring the patta?

Thanks for your time on this.





 4 Replies

Praveen Singh (Lawyer)     01 August 2012


The sale deed in favour of B stands cancelled as per you therefore the property as of now vests with A and thus, Patta is a mere formality, you would be buying from a person who is a third party to property

selva (technical leader)     03 August 2012

Hello Praveen Singh,

Thanks much for your reply.  Still I have not come to clear picture. Do you mean that this cancellation is void and the property is still vests with the person 'A'?



Praveen Singh (Lawyer)     03 August 2012

I stand corrected, its B sold to Property to A and Patta was transferred in A s name.

Later, the Sale Deed in favour of A was cancelled mutually vide registered deed.

Naturally, A does not have any right in the property as by virtue of cancellation of sale deed the property vests in original owner B.

The Patta in the name of A is a mere paper without factually correct patta as B at any time may produce the cancelled deed which would compel the patta authority in again changing the patta in the name of B.

Thus, Your purchasing property from A would be of no meaning as be is the real owner


selva (technical leader)     06 August 2012

This looks great to me. Thank You so Much for giving me such a wonderful direction Praveen!



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