• Stoppage of ownership transfer and Sale deed cancellation

Dear Sir/Madam 
Give me consultancy on the following matter
Description of the Matter for legal consultancy
I myself Mahesh Kumar want cancellation of sale deed done by one of the parties included in litigation process related with this agricultural land property in which following main issues are involved :
 1. This land is under litigation in 2 courts -1. Revenue Board 2. Civil court
 2. This land is agricultural land as per the law
3. Karan Singh did 3 `Wills`-Vasiyats First in 1975, Second in 1988 and Third and last in 1990 about the property in question .First 2 Wills are registered while 3rd and last is nonregistered . 
4. The above described seller`s name is not included in Karan Singh`s any `Will` document.
5. Some part of this sold land is under stay by the court
6. The above agriculture land has been sold with dimensions on all the 4 sides by the described Seller which is illegal ? Thus, the sale deeds are null and void having zero value as per the running law.
7. This above seller got this land by illegal agreement executed by some local peoples in the colony (Mohalla).On the basis of this Seller`s name appeared in govt`s document like Khatoni etc. Such an agreement is illegal and has zero value
8.The above described Seller has sold the land. property in question even more than which is appearing in Govt. documents as his ownership at present . 
9. No successor yet has been finally decided by the courts
10. Very important Information about the property has been concealed by the seller in sale deed documents which is a criminal action (not telling about the 2 legal cases currently running on this property).
11. Can I file a Criminal case /suit against the Seller and Witnesses for dealing with the property which is under litigation for various reasons regarding share, ownership and ratio
Please check the legal aspect of every issue mentioned above plus suggest left out legal aspects which may support me in following type of suits:
1.	The Cancellation of this sale deed/deeds 
2.	Criminal suit against this Seller and Witnesses
3.	Stoppage of Ownership title transformation
Also, I want to know something about recovery law
1.There is a cheque bounced case filed by my side. Its judgement came in 3.5 years in March 2019 after sale of material to the customer but I am not satisfied with the decision. Can I file a recovery case against this customer or Time limitation (After 3 years of any sort of transaction) will come into force in this matter?
Regards,
Mahesh Kumar
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

1) the will of 1990 supersedes earlier will 

 

2) non registration does not affect validity of will 

 

3) suit has to be filed for setting aside sale  deed as seller does not have marketable title to property 

 

4) you can file police complaint of fabrication of documents, cheating etc against seller 

 

5) your civil suit is barred by limitation as it has not been filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

Cancellation of sake deed is with filing suit in civil court. You can file revision for enhancement of sentence if you are not happy with conviction, if settlement done in criminal case you cant do anything. You can file the civil suit of recovery within 3 years of cause of action

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

When land was sold ? Is there any stay order by court agasint alienation of land, if yes than file contempt against seller and FIR u/s 420, 467, 468, 471 IPC. 

Also request court to grant stay against all third party intervention in the land and status quo order in rem.

Appeal will file if order is not satisfactory.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you can lodge FIR against seller for concealment if facts and doing fraud with you.

You cannot file recovery suit after the decision of Case under NI act. And if the money to be recovered was more than cheque amount then the suit is limitation barred because of gap of more than three years.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do . 

Mohammed Mujeeb
Advocate, Hyderabad
19345 Answers
32 Consultations

You cannot file any criminal case against the seller for suppressing the fact of pending legal cases against this property, you should have taken legal opinion from a lawyer and then only you should have proceeded with the purchase.

 

1.  The cancellation of sale deed will adversely affect you.

2. No such cases will be maintainable.

3. Stoppage of owner transformation?

 What do you want to say by this?

 

The money recovery suit should have been filed within three years from the date of transaction and not beyond that, it is barred by limitation.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

Dear Sir,

The following information may kindly be read:

Can Sale Deeds Be Cancelled According To The Indian Law?

When is a sale deed cancellable? What is the compensation provided? Is there a relief provided? Is the sale deed partially cancellable? These are the questions answered in this article to help buyer or sellers who are stuck in bad sales deed and give them more clarity on the topic.

Cancellation of a sale deed can be a tricky and critical aspect of the civil laws in India. The suppression and misrepresentation of facts, lead to situations wherein cancellation becomes the only plausible way out of a bad deal. But such cancellation requires specific grounds and reasons as in general such cancellation is not allowed by the law. The legal provisions regarding the dissolution of a deed have been described below.

 

 Cancellation

Sections 31 to 33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Act, cancellation is possible when and if:

  1. An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding.
  2. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.
  3. The cancellation may be executed by mutual consent of all parties.

 

For partial cancellation

  • When the deed has clear signs of partiality or when it is evident that different people mentioned in the document have different rights or obligations, the court may partially cancel it and agree to let it stand for the residue.

Compensation

  • On cancellation, if the court sees it fit, it may ask the other party to offer compensation or return the benefits enjoyed by the former due to the unfair nature of the deed and pay the offended all the dues owed to them.
  • If a defendant resists a suit because the deed against him or her is voidable, or because the defendant has received several benefits due to it, the court may order the defendant to make compensation for it.
  • If the deed has not been drawn up according to the laws stated in Section 11 of the Indian Contract Act, 1872, the court may choose to let him restore any benefit to that party, that he or she enjoyed, courtesy of the deed.

Relief

The relief provided works on the principle of protective or preventive justice and hence applies to documents executed by the plaintiff. This does not mean that the plaintiff has to be a party to the contract, but instead, he or she may file a suit if the deed is against the best of their interest.

Required conditions

  1. The deed must be void or voidable against them
  2. A reasonable apprehension regarding severe injury for the plaintiff
  3. The case is fit for the court to make a verdict

Void and Voidable Deeds

An agreement or document that is not enforceable by law is said to be void under Section 2(8) of the Indian Contract Act. A contract is said to be void if and when:

  1. its consideration is forbidden by law
  2. If permitted would go against any law
  3. Is fraudulent
  4. Involves or implies injury to anyone or anything
  5. Is immoral or against the best interests of the public

It is to be noted that a contract by a minor is void.

An agreement or document which is enforceable by law, by the consensus of one or more parties but not so by the interest of several other parties is said to be a voidable contract. A deed is said to be voidable if and when:

  1. The agreement is brought about by coercion, fraud or misrepresentation
  2. Induced by undue influence

Reasonable Apprehension

Reasonable apprehension section comes under Section 31 of the Specific Relief Act and is based on the concept of protective justice and quia time(for fear).  Reasonable apprehension varies from case to case as per the conditions and circumstances of the query or suit in particular.

Limitations

  • Is not a right and hence requires a lot of discretion
  • If parties are in pari delicto( in equal fault) and fraud is then alleged, the court may dismiss the claim as the defendant is equally responsible
  • If there is only mere inadequacy of consideration
  • Cannot be filed during testator’s lifetime

Partial cancellation is possible only when rights listed under a deed are distinct, and in such cases, the plea for compensation must be filed early on in the case.

 Limitation

  • A gap of 3 years for the cancellation of a deed

As these cases tend to get drawn out and complicated, it is always best to employ a competent lawyer to go through your situation and find the most amicable solution for both parties. There have been several cases of such nature that have gone on for considerable periods becoming a burden for even the ones carrying on the fight at the courts and hence, these cases have become notorious of late. Make sure you have a good understanding of your situation and also make it clear to your lawyer to prevent any miscommunication later on in the proceedings.

To put it pithily, Sections 31 to 33 of the Specific Relief Act, 1963 defines when a sales deed can be cancelled and under what conditions. They range from clear signs of partiality to deeds that are void. If you are stuck in a sales deed case, consult a lawyer as the terms of the law is complicated.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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