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Swapnil   10 April 2024

Sale deed in cash payment

Dear Respected Experts,

I have purchased 2 immovable property from my grandpa in same day in February 2011. Paid full cash payment. Grandpa expired in April 2011. Now, my aunty (My Mothers Younger Sister) filed suit and claiming that sale deed has been done without consideration. 

Kindly suggest how I can prove legally and save my sale deed.


Your kind cooperation is highly appreciated.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2024

It is the burden of the plaintiff to prove that there was no consideration paid at the time of purchase. 

You can state that you have paid the sale consideration amount by cash and remain silent. 

The seller had executed the registered sale deed in which he had acknowledged the receipt of sale consideration amount by cash,  hence that is sufficient to defend your interests. 

Dr. J C Vashista (Advocate )     10 April 2024

The consideration (amount) is already stated to have been paid in the sale deed, which cannot be negated at this stage, let the plaintiff prove it otherwise.

What is locus standi / concern / problem / nexus of your aunt (mother's sister) in the property of stated to have been sold by your gandfather (if it is not maternal side) ?

Advocate Bhartesh goyal (advocate)     10 April 2024

In sale deed if it is mentioned that " buyer has paid entire sale consideration Rs..../- to seller " in cash does not invalidate the sell.

Swapnil   10 April 2024

Dear Sirs, 

Greetings !!!!!!!

 Grandpa & Granny decided that "Grandpa will give his property to me as I was leaving since childhood and they treat me as their son. (they only have 7 daughters)  Accordingly, Grandpa executed the sale deed in favour of me by February 2011 &  died in April 2011.

Grandpa already explained this wish to all his daughters earlier. In May 2011 after the death of Grandpa, The aunt who just filed the suit had sent a notice through her lawyer and mentioned the same thing as now. That , "I have marked forged signatures as the Seller (Grandpa) is having weak eyesight, a physical illness due to cancer (which was declared a few days ago) and he was not mentally fit. It is ancestral property."

My Granny (My Mothers Mom/Grandpa's wife) expires in May 2023 & she has been staying with us at our home since 2011. After her death all daughters transferred her property by their name & executed the sale in December 2023.

Above is the main background.


Now, i want to know few suggestion from your honorable that,

This property has been received to my Grandpa from State Government as flood affected person (बाढ़ प्रभावित व्यक्ति) as mentioned in the Aakhiv Patrika.

But Aunt is saying it is ancestral land. Pls advise If 2/3 sons of a father lives together and later they are allotted different plots due to flood, then will it be called ancestral property or not? Also, She is saying I have marked forged signatures as the Seller (Grandpa) is having weak eyesight, a physical illness due to cancer (which was declared a few days ago) and he was not mentally fit & sale deed executed without consideration.

Also, She has filed this suit by lying that she repeatedly asked me to cancel the sale deed which I never did. What's more, She filed this suit by lying that in the family meeting of 2021, I had said that when grannys property will be sold, I will do the Partition Deed for the property given to me by my grandpa during , which I never said.

In this regard I would like to request all honorable expertise to give me your suggestion on this so that I can present my side.

Your kind cooperation/favor will not be forgotten throughout my life.

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The government allotted property was sold by your grandfather in your favor by executing a registered sale deed, hence it cannot be challenged and it is not an ancestral proeprty.

If the sale is not coming under any restriction to sell within a period stipulated in the document, then the sale is very much valid.

if his eyesight was weak etc., then what was the registrar doing while the property was being registered.

The other issues also can be challenged during trial procedeeings

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