I am a member of a Regd. co-operative housing society. since 17 years for purchase a residential plot at ujjain In 2004, this co-op.society allotted a plot to me on depositing all amounts . I asked society to registered one sale deed in my name but it did not do. I requested many times for sale deed but no result. Then I approached the district consumer Forum Ujjain, who ordered the said co operative society for sale deed. In 2010 Society registered a sale deed. now , the society filed a case in court requesting to cancel my registered sale deed , stating that plot allotted to me is in the land reserved for school in sanctioned map by the T & C Deptt. for the colony of said society. what should i do to save my plot and registered sale deed ? Govardhan [deleted]
Is it legal to cancel my above said registered sale deed after a period of 7 years?
1) oppose cancellation of plot . mention that sale deed has been executed in your favour by court orders as society was refusing to execute sale deed in your favour
2)seek compensation from society in case plot allottment is cancelled
3) seelk orders to direct society to allot you alternate plot
if plot has been reserved for school society could not have sold plot to you
2) in such a case society should offer you alternative plot
You have to challenge the case on the basis of judgement in your favour by consumer court.
You can argue about the mal intention of society by filing this case.
You have a good case, don't lose the opportunity.
The question is not about the legality.
It is about your rights.
You can challenge it on documentary evidences and merits in your side.
1. Was the land reserved for school when you made the agreement for sale? If the answer is in negative then your sale deed cannot be cancelled.
2. A sale deed, if illegally executed, can be cancelled even after 7 years.
3. Contest fittingly the suit filed by the society.
1. I am not sure on what basis they are seeking cancellation.
2.The ground they have mentioned is not enough reason to cancel the same.
3.In any event once they have itself registered the deed they can not seek cancellation anymore.
4.However since they have filed the suit your only option is to contest the same on merit by filing written statements.
5.Engage a seasoned civil lawyer fot his.
