Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Krishanu Majumder (Accountant)     14 May 2023

Sale deed cancellation

Dear experts,

My fathers are 3 brothers. One of my uncle is childless and aunt died earlier.  He sold his property (Not ancestral, he bought from other)  to me and sale deed executed. After his death, my uncle's other nephew (my cousin) claiming it as his right. Can he win if case filed or can the deed be cancelled? 


 6 Replies

Sidhhi   14 May 2023

If he sold the property for monitory consideration and the sale deed is registered in your name it can't be cancelled or revoked.
1 Like

Advocate Bhartesh goyal (advocate)     14 May 2023

Your uncle sold his self acquired property to you by registered sale deed then neither it can be cancelled nor challenged  by anyone.

2 Like

Dr J C Vashista (Advocate)     14 May 2023

I agree with the analyses, opinion and advise of learned expert Mr. Bhartesg Goyal.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 May 2023

I agree with the advice of the expert Mr. Bhartesh goyal sir.

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 May 2023

Your uncle has transferred his property by a registered sale deed to your name, by virtue of which you become an absolute owner of the property with clear and marketable title to the property.

The suit filed by the third person to the property therefore  is not maintainable.

You can challenge the same and get his case dismissed.

1 Like

Niharika Lohan   17 May 2023

Hi Krishanu, I’m Adv. Niharika and this is my take on your query.

Self-acquired property is one that is bought from a person with his own hard money. There is no restriction in the Hindu Succession Act as to whom a property can be willed to.

Self-acquired property can be willed away to the testator’s heirs or to just one heir excluding all others or even to a stranger/non-heir since the testator has absolute ownership over such property.

The father has the right to gift the property, or by way of will transfer the property to anyone irrespective of his own son. If a will has been executed, the other offsprings have no right to object to the same. Will or gift of the property can be to anyone, provided not done under undue influence, fraud, misrepresentation or coercion.

Thus the deed cannot be cancelled until and unless either of the above mentioned ground is proved.

I hope you find the information useful and for further query you can contact me at

1 Like

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