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Anoop Deshpande (lawyer)     11 November 2009

Sale deed concellation

A has given a property on lease to B for 20 years thorugh unregistered Lease deed. The lease deed was signed before notary. There is a condition in the Sale Deed saying If lessor wants to sell the property, then he should first pffer the lessee and that in canse lessee rejects the offer then only the lessor may sel the Property to third party. The lesses r in physical possession of the property till date.

The lesser died last year. His wife sold the property to third party without offering to the lesse. She executed sale deed on behalf of her sons also as GPA holder. One of her son is mentally challenged person.

The question is whether lessee may seek cancellation of Sale deed?

The wife of deceaed land lord now saying that the she borrowed money from the purchaser, he took me to the Sub registrar's office saying that she ha sto sign loan papers and that she don't want to sell the property. But she is educated women.

What is the way out?



 3 Replies

Suchitra. S (Advocate)     11 November 2009

Sir, had it been a registered lease deed, then, lessee would have an option to file a suit for cancellation of sale deed. Otherwise, the owner can sell the property without consulting the lessee. And anyway, lessor is the owner of the property and but for the clause in the deed, he can always sell his property.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 November 2009

Repeated quarry. The detailed reply has already been given in the same quarry raised by you.

Dirgesh kumar sharma (Advocate)     11 November 2009

Hi anoop

If, Physical possession of the property in you'r so you can file propertey possession holder declaration suit. including order 39 (1,2).application

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