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Nandha (proprietor)     21 June 2013

Sale deed cancellation

Hai.

I got finance from my cousine. I given a power of attorney and a sale agreement deed(for 3 years). Meanwhile my cousine defers with his terms.So i went cancelled the power of attorney. He knows the cancellation,he made and registered a sale deed by using the power of attorney which has been cancelled 2 months before. I given a pettion to the registrar,asking in what grounds he made the sale deed since it was cancelled. Now please calarify what is the procedure to cancel the sale deed if the registar and the party comes to an amicable solution.



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 June 2013

File a suit for cancellation of sale deed in the civil court.

Hemang (Advocate)     21 June 2013

First of all file a Civil Suit for a declaration to the effect that the sale deed so executed is "scheming" and not binding upon you. Contend in the said suit that the power of attorney was cancelled, or annuled and all such powers were withdrawn by you. Hence, the sale deed so executed is ineffective. Join your cousin and the Sub Registrar of assurances as party to the suit. After the summons and notices are served upon both the parties, approach the court and get the settlement arrieved at. File the compromise pursees stating that the said sale deed has to be treated as cancelled as between the parties. After the court passes a consent decree, or an order, file the same before the Sub Registrar of assurances as also with the Revenue authorities. The Revenue authorities then make the entry in the revenue record based on the judgment and or order passed by the court in judicial proceedings. 

 

Nandha (proprietor)     22 June 2013

Thanks.So getting a court order or consent decree by the court is the right way. If the party (the Cousine) is ready to correct or cancell the sale deed in the registrar office by making a registartion of a draught, is it valid? In that sale deed shall we need to sign.Or the party (the cousine) sign is enough.Suppose we sign it may week us for any other legal proceedings.Please clarify.


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