• Cancellation of sale deed

I purchased a land in 2016 To build my industry, This land was gifted to the lady by her relatives from whom I further purchased, she has 1 eldest daughter and two sons, the sons and the mother where included as the parties of sale deed and a affidavit was taken in daughter's name.
But now daughter is claiming that her affidavit is forged by her brother. And now she says that her family had promised her to give her share in this property during her marriage(they also own a lot of other properties). First she sent notice stating she didn't receive any amount in sale consideration.
Which they withdrew, now she has again sent a sale deed cancellation notice.
I wanna know : 
1: how to go about this situation?
2: Is the affidavit she signed valid?
3: what are my chances of winning this case, if i plan to fight for it.
4: Can they claim land in such case?
5: Will I have to give any compensation?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

1) once gift deed is executed in mother she would be absolute owner of property

2) consent of her children is not necessary

3) daughter has no share in property gifted to mother

4) even if affidavit is forged she has no share in property

5) you have good case on merits

6) you dont have to pay compensation to daughter

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Land acquired through registered gift deed is her personal proeprrty, daughter has no say, whatever promises made to her. Whether affidavit executed by her or not, has nothing to do with right in property, Since she never had any right in her mother`s property in her life time, such affidavit has no value.

No case made out, relax.

She is an idiot and lack of legal knowledge.

Notice if sent through an advocate than pitiful.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Once the property is gifted to the lady it becomes her self acquired property and if she has sold to you her daughter has no right on property. Send reply notice to her notice stating that any grievance she has to file complaint against her brother in police station and also the property she has no right to claim. You are not bound to give her any compensation on other hand get a suit for injunction against her and her agents from not to interfere in your property. No need to have her signature in any document since she is not owner of property

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Sir since you are the bone fide purchaser you first lay your claim in case the Affidavit is forged then you can file a case for cheating and forgery against the seller and for recovery of your amount.

2. She if the land was gifted to the lady then she is sole owner no right of son and daughter on property even if the affidavit is not true then also your right is intact.

3. you have good chances to contest the case, further you can claim the recovery of amount along interest in adverse case.

4. They cannot claim land back. The gift deed need to be perused for advice as there can be no conditional only the lady is owner of the property.

5. No you wont give any compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. it is not clear who is the actual owner . If the owner sold the property during her lifetime then consent of her son or daughter is not required at all.

2. So of the lady was the owner then it is not clear why did you make her daughter party to the sale deed.

3. In that event the daughter has no share in the property and they have only relief against their brother who may have forged the signature of the sister for which a criminal case of forgery lies.

4. So the civil suit filed by the daughter has no merit under the circumstances as I stated above.

5. You sale deed is valid.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If this land was gifted to the lady(mother of this daughter) exclusively, daughter's claim is heavily misconceived.

2. As long as not she proves to the contrary.

3. You have fair chances of succeeding.

4. you have a good case.

5. Yes, you can seek compensation in accordance with the indemnity clause in the sale deed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) When sale deed has happened between Daughter and Brother & Mother please provide date and after how many days she has filed for cancellation of sale deed.

2) Need to review all mutation documents of plot.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

As per your query I would like to inform you that registered sale deed can be cancelled on the basis of filing civil suit under Code of Civil Procedure, 1908 but Legal heirs can claim right over a property within specified time.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Is the property do you like gifted to the mother by way of registered give 3 then she becomes the sole owner of the property by virtue of the gift deed and has complete right to dispose of the property as she wishes and no affidavit or consent is required from any other person to sell the property.

Even if the daughter states that the affidavit is forged, she cannot do anything about it as it was not required in the first place also you would not need to pay any compensation amount to the daughter and you have a very good prima facie case against the legal Heirs of the woman.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Did the ex owner execute a will .?

How did the lady inherit the property . Kindly clarify

3) if lady inherited property by will daughter would not have share in property

4) refuse to make payment

5) let daughter take legal proceedings to claim her share in property

6) you would not lose the case if lady inherited property as per husband will

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

This is inherited land not gifted, daughter have share in it. Now the value of affidavit arise.

You should file criminal complain agasint mother and son that cheated you by selling her property.

But press on affidavit that it is genuine and with the intent to cheat you, she file false case that affidavit forged by brother.

And purchased was in year 2016, what she was doing till now.

She can take share from her mother and brother, not from you.

What to decide, you should counter her case.

Was she there when sale deed executed ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The daughters has no case if the gift deed was duly registered and was done by a person who is competent to enter into a contract.

You should continue to defend the case as the chances of the daughters case to succeed are very low.

Even if the daughter succeeds in getting the case in her favour, you can file a suit for recovery in order to recover your money paid to the seller.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. The court can grant her a stay in the matter,

2. The best possible is settle the daughter by paying money and further get a confirmation deed from her,

3. The same is only the best solution.

4. There are bleak chances though all documents the affidavit need to be verified,

5. Sir either you contest the matter or settle the settlement is best possible if you donot want to loose land as there are chances, the only way which will be with you to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If it is inherited property then daughter has rights in the property.

2) One should get compromise and registered sale deed of daughter.

3) Ask to come for compromise along with mother and brother.

4) Yes, her chances of winning is more than you.

5) You don't give possession of property to her plus get all rights and title from her.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If the property belonged to the lady was transferred to her name by a registered gift deed, then she becomes the absolute owner of the property.

If she had executed the registered sale deed during her lifetime, then there is no question of any other person, whether her sons or daughters, to stake a claim in the property in any manner.

Actually it was not necessary for her children to execute the sale deed jointly along with her because she is the absolute owner with clear and marketable title.

Her daughter's claim for cancellation of sale deed is invalid and illegal in the eyes of law.

1: how to go about this situation?

If she had sent a legal notice then you issue a reply notice denying her allegations and may instruct/warn her to not follow the illegal ways to grab the property.

2: Is the affidavit she signed valid?

The affidavit itself was unnecessary and ther is no use of this affidavit.

3: what are my chances of winning this case, if i plan to fight for it.

You can very well fight it out, her case is not maintainable in law.

4: Can they claim land in such case?

Their claim is illegal and not maintainable if what you state are to be taken to be true.

.

5: Will I have to give any compensation?

No, not necessary.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1: Does the daughter’s case about cancellation of sale deed still stay in this case?

If your vendor was having clear and marketable title to the property sold to you by executing a registered sale deed, then neither the daughter nor anyone can claim any share in the proeprty in any manner.

2: what are the possible solutions for such cases?

You have to contest properly with the support of the documentary evidences supporting your case.

3: the daughter of the owner is demanding a lot of money to settle down matter, which I cannot give, how should i go about it?

Dont give her any money, let she go to the court and waste her time, money and energy, she will not be able to succeed.

4: Does she have any chances of winning the case, if i decide to fight it?

You have to discuss with your advocate on this.

5: what are my chances of not losing property and the money I have invested in the land so far ?

Please help, the situation is giving me lot of tension

If what you have stated are taken to granted as true and facts, then you will not lose the case until and unless you are not following up the case properly or if your advocate is lacking knowledge in such civil cases or tilting sides.

You have to be vigilant in such situations, because this appears to be a fraud played by your vendor in collusion with her daughter to grab money for her greedy needs.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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