Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Siddhartha   25 September 2016

How to cancel a fraud sale deed ?

Sir, My uncle had fraudulently sold my granfather's property which was gifted to him along with building structure, stating it as vaccant land in the sale deed and the builder who purchased the same, demolished our common house building, and other structures of the house and raised new building by getting approval from the BDA authorities fraudulently and while the cases are being pending in the lower court, the builder again sold that property to another person because the I.A of all lower courts are vacated and now the third owner is again raising new construction by bringing new approval.How to make a stay for the construction going on and how to challenge the fraudulent sale deed ?


At the time of the execution of gift deed the presence of house building and its valuation was mention but when my uncle sold the land along with the building property, he mentioned it as vaccant land to avoid the court fee fraudulently and after purchasing the builder demolished the common house building in a forceful manner without any concern authorities permission including the common boundary wall  and common roof and my uncle and the builder are bailed out from the upper court for this criminal attitude and the police also has given the 1.C.C case report that the builder demolished the common house and building roof after the execution of the sale deed between my uncle and himself. And now to escape from the situation he sold the same to another person and the person in a hurried manner making construction to occupy the same with the help of new sale deed and new construction permission.



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 September 2016

Sir, 

 

First of all the sale by builder is void because of the principle of lis pendens, secondly take the stay from the court to protect any further interest be created in the property and seek permanent injunction from the court to protect your interest.

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register