Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Biswadeep Kar Purkayastha   29 August 2021

rectifications of sale deed

i had sale one property to someone in 2013 on the conditions that he will never sale this property to anyone without me through court judgement.This said conditions was recorded in court and it was a part of the decree.But the conditions doesn’t refelect in the sale deed.can i rectify the sale deed now, through petitioners in the court?


 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 August 2021

Yes. You can now do.
1 Like

Biswadeep Kar Purkayastha   29 August 2021

thank you sir
1 Like

Dr J C Vashista (Advocate)     30 August 2021

Can a conditional sale deed be executed / registered ? What is the judgment of the case pending adjudication where you have been allowed to sell the property on such and such "condition" lis pendence ? Whether the condition precedent to sale is still in vogue in the judgment/ decree ? What is the opinion and advise of the lawyer engaged / paid by you to proceed/ contest the case ? Unbelievable statement.
1 Like

Biswadeep Kar Purkayastha   30 August 2021

Dr J C Vashista, Sir, A civil suit was filed by some other Against me for the registry of the land documents in the court.Later both the parties have come under a amicable settlement outside the court on the conditions that I shall register the property to that person on the conditions that he can enjoy all the benefits of the property but can't sell to anyone expect me. As per the judgement of the honourable court had clearly reflect these conditions.But during the time of registration of the sale deed of this property Against the judgment of the honourable court that conditions doesn’t reflect on the sale deed.Now my question is that now can I modify the sale deed and write the conditions in the sale deed paper that the buyer party can't sell this property to anyone expect me by filling a suit in the court? please help me.....

G.L.N. Prasad (Retired employee.)     30 August 2021

Any such conditions related to further transfer in the sale are not binding on a registered deed. It appears that there are deeper issues involved to suppress such sale. Contact a local advocate, as he may study the document of sale deed and look as to whether there is a sale consideration or sham and nominal document.

P. Venu (Advocate)     31 August 2021

"A civil suit was filed by some other Against me for the registry of the land documents in the court" The statement is rather strange. So also, your assertion that the condition is rather unconvincing. Yes, the query suggests deeper issues. Please post complete facts.

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