1) you have to file suit to set aside sale deed as full consideration has not been received by you
2) there is no evidence that Rs 32 lakhs was paid in cash
Cancellation of sale deed
I have sold my home to a party ,in march 2012 (who was my then brother in law, before my divorce) . The amount of Rs. 52 lakh is mentioned in the sale deed. Out of which , I have recei ed only 20 lakh. It is mentioned in the sale deed that, Remaing 32 lakh have been paid to me by three cheques . Which is completely false and I never received that amount in any way. I have sent aregistered letter to him about this in November 2018, to which he replied in writing vide a registered letter that though it has beeb mentioned in sale deed that Rs.32 lakh have been paid by 3cheques , in fact he have paid it in cash . This is agsin a big false satement and he surely have NO evidences for this. So, may I get the sale deed cancelled now and get .y home back ?
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
For cancellation of a sale deed the seller of the property has to approach the court of law, court have only power to cancel the sale deed.
You need to file a suit for cancellation of sale deed in the civil court along with the proof like your bank statement further you need to contested it as in sale deed it is accepted that you received the amount. Further along with cancellation you need to also pray for possession of house and an interim stay application so it is not further sold.
You need to file a suit for specific performance of contract in the city civil or district court and claim possession of your house or payment of balance money with interest
- Why did you execute the sale deed if you didn't receive the full consideration amount? Your executing the sale deed is itself a prima-facie evidence of you having received the full amount. It is you, who has to proove in court that you didn't.
- There's a difference between agreement to sell and sale deed. An agreement to sell can be cancelled or revoked, but a sale deed, once executed, cannot be cancelled.
- The only remedy for you is to file a money suit for recovery of money. Again, as I mentioned in 1) even in the money suit in his defence the other party can very well produce the executed sale deed as evidence that the transaction was complete ie full consideration amount was paid to you. The burden of proof will lie upon you to proove that he didn't pay.
- Only a competent lawyer like myself can handle this. Your contact details aren't shown to me here. Provide me the same in feedback so that I can get in touch with you for further exhaustive consultation. I'm prepared to appear in court as your advocte
The transfer is complete and effective upon the completion of registration of the sale deed. Once the vendor has divested himself of his ownership over the property then he retains no control or right over the said property and he cannot purport to create any document in regard to the same. In property related transaction, is always before the Sub/Registrar and the seller has to either receive the full and complete payment from the buyer or at least receive a Demand Draft duly dated, signed and without any alterations and with the name of the seller and marked account payee.
A registered document can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge.There is no provision in the Transfer of Property Act or in the Registration Act, which deals with the cancellation of deed of sale. Registration Act confers no power with the Registrar to cancel a document which had validly been registered as per the Act.
You can easily prove that the payment of consideration for sale-deed is not full filled at the time of execution of contract. That the executants had been defrauded into executing the deed making a promise without intention to perform. So you file suit for cancellation under Section 31 in The Specific Relief Act, 1963 or declaring the registered sale deed is null and void.
Dear Client,
Your case is getting barred by limitation. File suit for cancellation of sale deed. Onus will on him to prove that such amount is paid via this cheque no. and credited in your this account. Since, no actual payment made, sale will cancel.
1) As per limitations act the case filing time limit has been passed away. Still you can fule case against him that you have not received 32 lakhs from him which is balance amount of sale deed.
2) You can apply for cancellation of sale deed however opposite party should be present as well.
You cannot get the sale deed cancelled after three years of its execution for whatever the reasons you may quote.
The sale deed can be cancelled within 90 days if the sale consideration amount has not been paid within that period.
You can file a money recovery suit based on his reply notice.
Hello,
Yes you can file a suit for cancellation of the same deed on account of non payment of the proper consideration.
Regards
I wonder if the remaining amount was not paid then why you allowed this to be mentioned in the deed.
Anyway without passing of full consideration no sale is completed and hence you can indeed file a suit for declaration that the instant deed is null and void and for cancellation of the same.
If the physical possession is not handed over then keep this with you. other wise seek its recovery as well.
