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
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?
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
Registered deed can be cancel by court order only. have to file suit for cancellation of sale deed for no consideration paid.
Hello,
Has the consideration been transferred?
Is there any clause of cancellation in the deed ?
Regards
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
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
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.
our society write to him on latterpad that we are selling our society to you.so can i file a suit in the court?and in the deed mantion that to get the titel clear by your society.and any other goverment charges apply on when cancallation deed? and in the deed builder mantion the timing period of payment, he mantion that payment relesed when he wiil get the titel clear. so can i file suit in the court?
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
- 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.
sorry i did sale deed without possession.(one type of agreement) pls help me in this case.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?our society write to him on latterpad that we are selling our society to you.so can i file a suit in the court?and in the deed mantion that to get the titel clear by your society.and any other goverment charges apply on when cancallation deed? and in the deed builder mantion the timing period of payment, he mantion that payment relesed when he wiil get the titel clear. so can i file suit in the court?
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
File suit to set aside sale deed as title is not clear and marketable and builder has not paid any consideration
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.
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.
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.
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.
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.
i did not do sale deed with builder. i do only register agreement without possession. so i want to cancell this agreement.
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.
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.