• Sale deed document

My registered sale deed paper does not contain seller sale deed number but I know that property is self acquired property of the seller. May be that time we have missed to mentioned this while documentation.Now the legal heirs of sellers are telling that my sale deed is fake showing original documents of the seller. Sub registrar is also questioning me.Please help how can I come out of this issue.
Also schedule in my sale deed, land is 10 decimal more than land of that seller. That’s why my mutation got cancelled.
Will my sale deed will also be invalid just due to seller sale deed number not mentioned?
Asked 7 years ago in Civil Law

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14 Answers

1) How you have paid the consideration means amount in cash, cheque or DD do you have third party bank as proof for this transaction and the date of your sale deed is same. You can file a case against the legal heirs if you have more proof regarding this.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

If u missed to enter the previous sale deed no, it was duty of sub registrar to check and once documents has been duly registered with presence of both actual owner (seller) and purchaser, by mere missing of such entry dose not make the sale invalid.

Only through court registered document can be cancelled and this small lapse is not enough reason for cancellation of sale deed and invalidate it.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Will my sale deed will also be invalid just due to seller sale deed number not mentioned?

A- No. Sale deed number, if not mentioned by the seller during execution can be termed as a typographical error.

Sub Registrar have no conferred power to cancel any sale deed or to deny mutation, on any ground whatsoever and it can only be cancelled by civil court having jurisdiction.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See first of all the registrar donot have power to cancel the sale deed.

Further the sale deed is duly registered, Map of the property must be attached along with the details of land and location of the property.

Further since it is registered sale deed question that is is fake does not arise, Also the proof of consideration of the amount paid to the seller is also evidence to the effect that it is valid and land was purchased by you.

So your registered sell deed wont be invalidated just dues to sale deed number not mentioned since the legal heirs has became greedy they wont sign a rectification deed, so file a civil suit for declaration of ownership on said land based on registered sell deed and the payment made , possession and other evidence the court shall pass an order based on that there can be mutation as well as there wont be any issue.

Further for legal heirs also they have to go before court for recovery of possession and cancellation of your sell deed so you can defend same also.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a suit for declaration and injunction in civil court in order to such the said imperfections in your title document as well as to protect your interests against the legal heirs of the seller.

Any person entitled to any legal character or to any right as to any property, may institute a suit against any person denying, or interested in denying, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any relief.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

ABSOLUTELY RIGHT THAT A SALE DEED CAN BE CANCELLED FOR FURNISHING WRONG INFORMATION. BUT, YOU CAN CLAIM INNOCENCE AND ALSO YOU CAN LAUNCH PROSECUTION AGAINST HIM AS WELL AS DAMAGES

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

As your vendor died, you can claim damages against his legal heirs stating that legal heirs of your vendor are one part in your sale deed

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

Your sale deed would not get cancelled merely because seller sale number is not mentioned

Deed of rectification can be executed you legal heirs to correct area of plot

Deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

1) Is it land possession yours or theirs and from how many days do you have possession on land. when did your mother purchased the land and do you have mutation records on your mothers name. can you provide all details from date of purchase till date, who has the possession on this land.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You should have taken all original title documents from seller when property was sold to you

The legal heirs will need to file a suit against you for cancellation of sale deed. They will have to prove that sale deed was not properly executed

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

Firslty, with regard to the property transaction there has always been a duty over the purchaser to inquire about the property.

Secondly, as iif something goes wrong then he can save himself. But, it is not necessary for him for detail inquiry so as to he is not bound to go the registrar and cheque the property details.

Thirdly, if you can prove that mother inquire then it would be good for you.

Fourthly, as you have paid in sach you

Can also be questioned about your income sources.

Fifthly, but yes don’t worry about that false allegations if you know the the signatures are genuine.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Without the mention of the original sale deed particulars of the vendor the sale deed execute in your favor shall be invalid, however you can get a rectification deed executed by him in your favor mentioning the omitted details.

If the vendor is no more living then you may issue a legal notice to the legal heirs of the deceased vendor to execute the registered rectification deed rectifying all the errors found in the original sale deed.

If they dont cooperate then you may approach court with suit for specific relief against the legal heirs seeking direction to execute a registered rectification deed in your favor failing which the sub-registrar would be directed to do it for your sake.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

i have paid via cash and seller is also dead. They are also putting forensic lab report of IFS that certified and my original copy seller signature has not been signed by same person, But it is not true because my mother is purchaser and she is telling that it is not true

You can follow the steps suggested if they have not gone to the court yet.

Or else you follow the directions of the court which will be let known to you at the time of disposal of suit.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You can show the consideration paid to the seller to the sub registrar. You can file a suit in civil court for the same.

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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