Sale Deed JDA

if both parties compromise they can cancel it.

The parties to the transaction of sale and purchase will have to file a suit for cancellation of the instrument hrough a local prudent lawyer

The registered sale deed can be cancelled by executing a registered cancellation deed jointly by the vendor and the buyer or the aggrieved person can file a suit for declaring the sale deed as null and void or to seek cancellation of the same for the reasons relied upon within three years from the date of the of the registration of the registered sale deed. 

In which state the property is situated as the stamp duty varies from one state to another state.  Who are the parties of the Joint Development agreement and the sale deed, are they the same parties?

One has to file a suit to declare the sale deed as null and void for the reasons he relies upon. 

The civil court also cannot cancel the sale deed unless it was executed fraudulently or in an unlawful manner. 

Dear Murthy,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is YES. A registered sale deed can be cancelled.

A sale deed is a legal record or document that is used to certify the ownership of property. This document is governed by the Registration Act of 1908. For the execution of a sale deed, information about both the buyer and seller like their names, addresses, and signatures are required. Both parties must sign the sale deed, along with two witnesses to attest the same, and their details shall also be recorded in the sale deed. Within four months of execution of the deed, it must be registered.

Cancelling or revoking a sale deed, while possible, is a complex legal process that can only be done for a valid legal reason. Meagre reasons like disinterest from the part of the buyer or seller is not a valid ground for the cancellation of a registered sale deed. Some of the reasons for the cancellation of a sale deed are as follows:

1. Fraud: If the seller has intentionally tampered with important details necessary for the sale of the property, the buyer may cite fraud as a reason.

2. Misrepresentation: Similar to fraud, any misleading claims made about the property can also be cited as a reason for cancellation.

3. Force or undue influence: If consent was obtained from any of the parties through the use of unfair means like pressure, threat to harm or kill, etc., it is a valid reason to cancel a sale deed.

4. Legal defects: If the process of transfer of the property or the transaction was carried out illegally, it is a valid reason for the cancellation of the sale deed.

The court might direct the defaulter to pay damages to the injured party for any debts or advantages they might have gained, if the court is convinced of the injured party’s claims and cancels the deed.

For a Joint Development Agreement, if the same consists of some clause regarding breach of trust or the breach of any condition, the land owner may terminate said agreement and file a suit in court for the cancellation of the JDA on the same grounds.

For the third question, the payable stamp duty is determined by each state individually and therefore varies with each state.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil