• How to cancel registered sale deed of property

We decided to sale our co.op. society to builder than before a year i did registered sale deed of my house with builder individually.but there was a problem in titel clear so builder did not release the payment and also did not agree to cancell this deed. but i want to cancell this deed. so which is the way to i can cancell this deed?
Asked 6 years ago in Property Law
Religion: Hindu

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25 Answers

You have to file a civil suit in this regard in district court to cancel the sale deed on the ground of non payment of consideration as mentioned in the sale deed let the builder contest the sale deed on the ground of consideration

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Registered deed can be cancel by court order only. have to file suit for cancellation of sale deed for no consideration paid.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hello, 

Has the consideration been transferred? 

Is there any clause of cancellation in the deed ? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Issue legal notice to builder to make payment as registered sale deed has been executed in his favour

 

2) if he fails to make payment sue the builder to recover your sale consideration 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

please file a suit against the builder 

you will have to terminate the sale deed and refund the moneys paid to you by the builder and call upon the builder to come forward for registration of a cancellation deed

if he does not co-operate then you will have to file a suit as above

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

You need to file a suit for cancellation of the said will before the court

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

1.  Serve proper legal notice (by giving solid reasons) to Builder, that Sale Deed shall be null & void, after 15 days,  for so...&.... so reasons.

2.  Do the above thru a local property lawyer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

File a suit in civil court to cancel the sale deed stating the reasons.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You will have to prefer a suit for cancellation of this sale deed,

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

You need to mention all the aforesaid. 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

If title is not clear and marketable then sale  deed has to be cancelled by mutual consent 

 

builder ought to pay you sale consideration or cancel the deed 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- As per Transfer of Property Act & Registration Act, there is no provision of cancelling a Sale Deed .

- Further, the Registrar has no power to cancel a document which had validly been registered as per the Registeration Act.

- But , in your case , you can file a case before the Court to Cancell the same, within a period of 3 years from the date of Registeration.

 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

If the said deed is not registered you can cancel it through legal notice. Let him approach the court. If same is registered you need to approach to civil court for cancellation

 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

File suit to set aside sale deed as title is not clear and marketable and builder has not paid any consideration 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear Sir

A sale deed can be cancelled unilaterally through an appropriate petition before the competent court by one of the party to the deed praying it to be cancelled and the reasons thereof. If both the parties are consenting to the cancellation, then it can be done jointly before the competent officer.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

IT would be agreement to sale without possession, when sale deed is registered, to complete it, delivery of possession is mandatory.

YOU can file suit for cancellation of sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You need to issue legal notice to builder for cancellation of sale deed on ground of non payment of consideration of sale. 

And for cancellation of deed you should file a suit for specific performance of contract or cancellation of deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the builder agrees for executing a joint cancellation deed to cancel the registered sale deed then you can get get the same cancelled through the registrar office itself.

If not then you may have to approach court of law with a suit for cancellation of sale deed for the reasons you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If the sale consideration amount has not been paid by the buyer then you can apply for cancellation of registered sale deed by executing a registered cancellation deed before the concerned registrar;'s office itself.

Otherwise yo may have to file a suit for cancellation registered sale deed as per provisions of law for the reasons you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Send legal notice for cancellation of ATS for failure of builder to make payment.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

take legal proceedings to set aside registered agreement for sale 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

you can cancel the agreement as the purchaser has failed to comply with the terms and condition of the agreement. The cancellation of an agreement to sell (sale agreement) depends on the terms mentioned in the agreement. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can issue a notice to the builder communicating your decision to cancel the agreement for sale.

If the seller agrees for cancellation then you both can jointly execute a registered cancellation deed or you may have to approach court of law for relief and remedy for this.

 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can send notice for cancellation of agreement 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can cancel it. If he files case yu ou can contest it

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

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