• Cancellation of sale deed

Sir,    I purchase property on 08.09.2011 by registered sale deed. After objection clear nomination order passed by SDM court in my favour. Now my relative raise objection In The court of IV civil judge class -II District court, Jabalpur. FOR CANCELLATION OF SALE DEED. By  order 39 rule  1  2, provision 151.Sir I want to know
1. It is possible to cancle my sale deed after 7 year.
2. It is possible to cancle   only 390 sq feet part my sale deed after 7 year.
3. My property value 800000/- in this amout how mouch court fees is necessary for deed cancellation.
4. It is possible to cancle my sale deed without deposite court fees.
5. In which jurisdiction class I or II judge is responsible for it.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1. On what ground(s) has he sought the cancellation of the sale deed executed in your favour?

2. The sale deed can be cancelled even after 7 years if the legal parameters are satisfied. It is not clear from your query what is the ground for cancellation of sale deed. The suit papers are required to be perused threadbare to advise.

3. Since the court fee is not uniform throughout India only a local lawyer can tell you what it is.

4. The civil courts in India take time to decide the cases.

5. Consult a local lawyer with the suit papers.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) relative will have to explain the delay in filing suit to set aside sale deed

2) what was he doing for 6 years?

3) the averments made in suit filed by relative have to be perused to advise

4) court fees is state subject and varies from state to state

5) court fees have to be paid for filing suit

6) suit has to be filed within jurisdiction of court where cause of action arose

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

suit would take around 15 years to be diposed of

2) you can seek expedited hearing if you are senior citizen

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Without knowing that for what reason the opposite party is seeking cancellation of sale deed, it will not be possible to pass any comment on it.

2. The above answer fits to this question too.

3. Court fee differs from one state to another across the country, your state court fee may be enquired with the local advocate.

4. The court fee for the purpose of suit has to be paid as per the suit valuation act of your state, if not the court my not take case on file.

5. The question is not clear.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

How many days or month or year will be taken by civil court.

Any fast track court facility is available.

The time taken for disposal of a suit by any court cannot be predicted owing to various factors involved in deciding about the same.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

want to know 39 rule 1 2, provision 151 and 80(2) provision 151 rsv 1908

under Section 151 CPC, the Court has got inherent power to protect the rights of the parties pending the suit.

Order 39 Rules 1 and 2 CPC could be availed of only when the property, the subject matter thereof, is in danger of being wasted, damaged or otherwise being dealt with. In a simple suit for declaratory nature without any consequential relief there cannot be any dispute as regards the property because the dispute is not about the property but to the entitlement of the right sought in respect of the property which itself is directly involved in the suit but not in an Interlocutory order.

Cases in which temporary injunction may be granted.- Where in any Suit it is proved by affidavit or otherwise—

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,

(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,the court may by Order grant a temporary injunction to restrain such act, or make such other Order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the court thinks fit, until the disposal of the suit or until further orders.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

with 145 the above case proceed.

sdm court and civil court procdure seperately.

The provisions of section 14 cr.p.c is :

Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

Separate suits in SM court and civil court is maintainable provided the relief sought is different to each other.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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