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Utkarsh   26 June 2021

sale deed

Cheque number mentioned in sale deed and Cheques submitted to seller for transanctions are different.
There is huge time gap between sale deed and account transaction.
what to do?
How to cancel sale deed?


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     27 June 2021

The mere difference in cheque no..can not make a difference and whether such consideration was paid or not is relevant.  Obtain the certified copy of the cheque of that consideration, honored by the Bank, and enclose it to the sale deed.

The sale deed registered can only be canceled by the Court alone, when any of the necessary party files a declaration suit and prays for cancellation of such sale deed.

P. Venu (Advocate)     27 June 2021

Admittedly, there is no situation that consideration has been paid. As such, this is a non-issue.

Dr J C Vashista (Advocate)     27 June 2021

Sale deed was executed after payment of consideration in full and final.

Mention of wrong cheque number shall not affect the sale transaction as the sale deed is already executed and registered.

What is your locus standi and dispute for cancellation of subject sale deed ?

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

If the cheque paid towards the settlement of the sale consideration amount has been honored and the seller realised the amount, then there is no issue or any problem in this.

In fact there is no legal infirmity to quote a wrong cheque number in the sale deed. 

The purpose is to pay the sale consideration amount whether by this cheque or a different cheque. 

Hence you do not have any reason or ground to cancel the registered sale deed. 


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