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salila (student)     20 March 2026

Sale deed cancellation

WE HAVE AGREEMENT FROM SELLER TO BUY PROPERTY .HE TOOK ADVANCE ALSO .WE FIND THERE IS DISPUTE FRO NEIGHBOURS SIDE ABOUT LENGTH ON ROAD SILE .SELLER FILED APPLICATION FOR DEMARCATION,MEANWHILE ,HE SOLD PROPERTY AT HIGHER PRICE TO ANOTHER.

SELLER BELONGS TO SC/ST HENCE FEAR OF COMPLAINT EXHISTS .PL SUGGEST CAN SUBSEQUENT BUYER PROPERTY BE CANCELLED IN SEC 31 SPECIFIC RELIEF ACT .PL ADVICE .THANKS 



 5 Replies

Dr. J C Vashista (Advocate )     21 March 2026

A fabricated hypothetical story with multiple issues for time pass.

T. Kalaiselvan, Advocate (Advocate)     21 March 2026

No relief under section 31 of the specific relief act can be sought under the given circumstances.

You have entered into a sale agreement hence you may have to file a suit for specific p;erformance of contract to enforce the sale agreement, the sale of property to a third person is not binding on you hence you may just add the purchaser as the second dcefendant. 

1 Like

salila (student)     21 March 2026

thanks , can we cheating case against vendor. in a supreme court case has decided that only specific performing application is sufficient to prayer for cancellation of sale deed in favour of new buyer .

specific p;erformance of contract

Read more at: https://www.lawyersclubindia.com/forum/sale-deed-cancellation-239065.asp#reply
specific p;erformance of contract

Read more at: https://www.lawyersclubindia.com/forum/sale-deed-cancellation-239065.asp#reply

T. Kalaiselvan, Advocate (Advocate)     21 March 2026

In the suit for specific performance of contract you can pray for execution of sale deed after receiving the balance of sale consideration amount and also can add another prayer against the subsequent purchaser to declare the subseqauent sale deed as null and void as it was executed during the currency of the existing sale agreement.

But remember your sale agreement can be legally valid for exeuction of sale deed only if it was executed by a registered deed. 

1 Like

salila (student)     22 March 2026

yes sir.but we have notorised agreement.that too after giving more money to vender ,we took written acceptance on plain paper duly notorised . sc has allowed non rgd agreement as a proof of transaction .in many courts notary agreement was used to enforce sec31 Specific relief act further in it court fees has enhanced nearly rs 150000.


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