Dear sir I purchase one land on December 2014. Now 2 years completed of sale deed registration and mutation on my name and govt.land rent also paid on my name . Durring the registration I paid full amount in cash without any recipt. Now vendor trying to cheat me and claiming by sending legal notice that he did not received his payment after 2 years and asking to pay full amount within 7 days.otherwise he will go to civil court for the cancellation of sale deed. Kindly advice me,can he file the petition for sale deed cancellation. In this condition what step should I take.
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1) sale deed must be containing clause that purchaser acknowledges receipt of sale consideration
2) you must have declared payment in your income tax returns
3) you must reply to legal notice that full consideration has been paid as mentioned in sale deed
4) if any suit filed by seller contest the suit proceedings
Do not worry at all as this seller is cheat and trying to befool you.
refer t the sale deed , In the sale deed it must be mentioned that you have paid the full consideration money and the details of payment may also be given.
Since the vendor has signed the your sale deed which is registered as well he cannot retract and say that he ahs not received any payment.
So ignore his notice and enjoy the proeprty.
In my sale deed it is written codition number 1 . That, in pursuance to the said agreement and in consideration of Rs.350000 only paid by the vendee to the vendor, the receipt of which the vendor does hereby acknowledge, he conveys his aforesaid property fully described in schedule below by this deed to the vendee. Also signed by vendor. Also his identifier acknowledge this condition. So is there any chances that vendor can claim for sale deed cancellation. Other thing is this useful that I will submit informantry petition against vendor may he try to cheat me and request civil court to cancel the sale deed in my absence. Because I am working in gulf and it will be deficualt to keep my eye on vendor action. Kindly advice.
1) seller has received full consideration as mentioned in sale deed . even if he files suit chances of obtaining relief are bleak
2) execute POA in favour of family member to appoint lawyer , to appear in court on your behalf
The sale deed is rightly worded ans seeing this I further assure you that there is nothing to worry as the vendor could do nothing now.
In vendor legal notice vendor lawyer claiming that his client is owner of the land mentioned in the scheduled of sale deed vide it's registration number xxx date xx/××/×××× wrongly executed by his client in your favoure under consideration amount Rs.350000 when the present value of the said land was more than Rs.765000.it is stated by his client that he is an old and sick person and you took him in your believe with porpuse to cheat him by your acts of deceiving fraudulently without payment of present value of sale Rs.750000 to his client. So if you will not clear full payment within seven days than my client vendor will file both criminal and civil case against you.and it is further informed you that my client would cancel the sale deed by the proves of law without information. So kindly let me know may he can file criminal and civil case on me or cancel the sale deed.for your information he have no write prove for said value Rs.765000.
Contact a local lawyer and reply to legal notice
2) mention that full consideration has been paid to your client in 2014
3) deny that Rs 765000 is payable
Now vendor trying to cheat me and claiming by sending legal notice that he did not received his payment after 2 years and asking to pay full amount within 7 days.otherwise he will go to civil court for the cancellation of sale deed.
Kindly advice me,can he file the petition for sale deed cancellation. In this condition what step should I take.
The vendor's claim for money or sale consideration at this stage is not maintainable.
Let him approach court for this, you can challenge the same.
You can secure the payment details in the meantime.
n my sale deed it is written codition number 1 . That, in pursuance to the said agreement and in consideration of Rs.350000 only paid by the vendee to the vendor, the receipt of which the vendor does hereby acknowledge, he conveys his aforesaid property fully described in schedule below by this deed to the vendee. Also signed by vendor. Also his identifier acknowledge this condition. So is there any chances that vendor can claim for sale deed cancellation. Other thing is this useful that I will submit informantry petition against vendor may he try to cheat me and request civil court to cancel the sale deed in my absence. Because I am working in gulf and it will be deficualt to keep my eye on vendor action
The recital in the sale deed is very clear leaving no room for any suspicion about the sale considerate amount not being paid.
However to keep constant vigil over the civil suit, you may file a caveat before the concerned court so that you are informed about any such case being filed agaisnt you.
n vendor legal notice vendor lawyer claiming that his client is owner of the land mentioned in the scheduled of sale deed vide it's registration number xxx date xx/××/×××× wrongly executed by his client in your favoure under consideration amount Rs.350000 when the present value of the said land was more than Rs.765000.it is stated by his client that he is an old and sick person and you took him in your believe with porpuse to cheat him by your acts of deceiving fraudulently without payment of present value of sale Rs.750000 to his client. So if you will not clear full payment within seven days than my client vendor will file both criminal and civil case against you.and it is further informed you that my client would cancel the sale deed by the proves of law without information. So kindly let me know may he can file criminal and civil case on me or cancel the sale deed.for your information he have no write prove for said value Rs.765000.
This claim is vexatious and purported due to the hike in the market rate of the property.
Just ignore it by giving reply to the notice denying all the contents that are against you.
he cannot file any criminal case or even a civil case.
Let him proceed, you can challenge the same properly.