• Cancellation of sale deed

I had sold a piece of agricultural land to a buyer. The sale deed had been done through PDC. At the time when the checks were presented they were dishonoured. My question is that besodes filing a criminal suit for RECOVERY can i also get the registry cancelled and get the sale deed declared null amd void if the buyer fails to get the checks honoured after repeated notices.
Please help i will be highly grateful.
Thank you
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

If the sale consideration ( cheques) have bounced the sale deeds gets cancelled accordingly ... You can file a recovery suit as well as complaint US 138 NI act

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

You can also file a case under section 138 of the NI ACT and yes you can file a petition for declaration tot he effect that sale deed is void.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Recovery and permanent injunction suit can be filed.. 138 is criminal complaint..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. Without passing of consideration money nosaleis complete as under the eye of law ' no consideration no sale'.

2. So you can get the registration cancelled by way of filing a suit for declaration.

3. Alternatively you can ask for price of sale consideration as well.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

File police complaint of cheating against purchaser if cheques are dishonoured

2) also file criminal complaint under section 138 NI for dishonour of cheque

3) you have to file civil suit to set aside sale deed

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Registrar would not cancel the sale deed , you need court orders to set aside sale deed

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

You can very well contact the registrar to cancel the registration of sale deed with an application to this effect.

You may show the evidences to the registrar to convince him/her.

If the registrar refuses to cancel the same you may aproach court by including the both the pries in the suit.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

For cancellation of the sale deed o have to file a different civil suit and for recovery of the amount a suit under 138. Or xdo i just aproach the registrars pffice for cancellation and like wise get the mutation stopped.

After not getting any response to the legal notice, you may aproach the registrar with an application to cancel the sale deed.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

1. Have you not initiated the process under sec.138 NI Act by serving a notice for demand through your lawyer to the buyer? It has to be done within 30 days from the date of intimation of cheque bounce.

2. Also file a criminal case for breach of trust and cheating under section 420 and 406 IPC.

3. Furthermore, a civil suit for cancellation of the sale deed should be filed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The registrar has no authority of law to cancel the sale deed, it can be done only by the civil court of competent jurisdiction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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