• Cancellation of sale deed

Recently I have sold a BDA allotted property@ nagarbhavi BENGALURU which has storm water drainage ( SWD towards west ) Now the purchaser is not getting the approval to construct a house from BBMP / BDA even after getting the khata transferred in his name by BBMP because of the SWD. Now the purchaser is demanding for cancellation of the registration of the absolute sale deed. please let me know what best can be done in this regard & is it possible to do so?
Asked 11 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1. The sale deed once executed and registered can not be cancelled in any circumstances.
2.only if the sale deed is done by force, fraud , coercion or misrepresentation to the material fact then the court can on proof of these allegations can declare the deed as null and void.
3.So in your case nothing will happen as you did not sold the proeprty under force nor fraud was perpretaed on the purchaser.
4. So do not worry the purchaser can do nothing.
Devajyoti Barman
Advocate, Kolkata
10750 Answers
133 Consultations

5.0 on 5.0

1) there is no question of cancellation of sale deed 

2) purchaser must have done due diligence before purchase of plot 

3) satisfied him self that title is clear and marketable 

4) you have not suppressed  any merial facts 

5) refuse to cnacel the sale deed 
Ajay Sethi
Advocate, Mumbai
38720 Answers
2174 Consultations

5.0 on 5.0

Hi, It is the duty of the purchaser to verify the documents and proceed further in the transaction, you have sold the property and transaction come to an end so now he can't ask for cancellation of sale deed.
2. If he wants he can file a suit in the court for cancellation of sale deed.

3. If the BDA has not given approval for the construction of the house, it is his headache and you can't do anything.
Pradeep Bharathipura
Advocate, Bangalore
4447 Answers
191 Consultations

4.3 on 5.0

what are the reasons for BBMP and BDA to not give permission or sanction the building plan. Is the site on SWD or away from the SWD. If so what is the distance between site and drain. Is the drain open or closed. If the BBMP or BDA has rejected the proposed building sanction citing some reasons then challenge it before the appellate tribunal. The order can be reversed. Before proceeding to cancel the sale deed explore the above possibility and then proceed for cancellation if everything else fails.
Kiran N. Murthy
Advocate, Bangalore
934 Answers
84 Consultations

5.0 on 5.0

There is nothing to be done on this.

He purchased the property by a registered sale deed and thus after conveyance of the property you are not liable or responsible for the problems that develop subsequently.

You cannot oblige him for his illegal designs, if he is not getting approval for construction then he has to consult his engineer and get a new plan prepared as per law which would be acceptable in law and the norms of BBMP/BDA.

You can refuse or decline to accept his proposal to cancel the registration of sale deed.  

The problem what he is facing is not due to your fault.

He should respect the law and not try to bend law as per his convenience.
T Kalaiselvan
Advocate, Vellore
28710 Answers
299 Consultations

5.0 on 5.0

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