purushottam vishwakarma 06 May 2016

Legality of sale deed

The client has over 60 years and they had signed a sale . The both witness of the sale deed are from the second party. no any witness from the first party present at the time of execution of the sale deed. so in these facts and circumstances can the first party claimed on the legality of the sale deed. ?

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4 Replies

Nitish Banka (lawyer) 06 May 2016

you need to prove unsound mind, undue influence and coercion in order to file a suit of cancellation of sale deed, under section 31 of specific relief act.

warm regards,

Adv. Nitish Banka

9891549997

(Guest)

If children (chrlidren word used for sake of brevity for all family members ) of that 60 Years old and If they are Hindu then they can claim it is HUF Mitakshara and they have not sold their rights etc. This is good point raised by many to bring all parties on negotion table.

HUF issue is there hence in dealing property matters generally all legal heir of seller are atleast made witness so no one can take such objection in future which too have legal value.