Namaste ?? In 2008, I had sold my Raigad, Maharashtra based land to a person. The sale deed was registered but he didnt fulfill his commitment so I didnt transfer the title of 7/12 document to him. In 2017, I found that he is a non farmer and he had produced fake 7/12 farmer document and had bribed the registration officer to let document get registered. In 2018, I collected enough evidence/ proof documents showing that he is non farmer and had lost a legal battle in the past for producing fake 7/12 document. Thus his agreement got cancelled in the past. I have these proofs and want to use them to cancel the agreement I made with him. Can anyone guide me to follow proper procedure?
You can have cancellation agreement and registered with registrar.
If the buyer is not ready to register cancellation agreement than can go as per registration act.
If you have possession than still you can file for adverse possession.
Still your scenario is not cleared for initial process of your transaction.
Yes, you can go for adverse possession than and have rights on it.
Since you have already executed a registered sale deed in favor of the buyer after receiving the full sale consideration amount, you are divested of the title to the property.
The transfer of revenue records to his name is not a big issue and you may not be able to object to it if he is filing a suit against you for this.
However you can file a complaint against him for creating a fabricated document to buy this agricultural land fraudulently.
You may not be able to cancel the registered sale deed for this reason.
Suit is the only option
You have to file suit to set aside sale deed on grounds that purchaser is not agriculturist and he has produced forged documents that he is agriculturist
Yes you change file the suit for cancellation before civil court on ground of fraud
You should file two cases on is civil case for set aside the sales done on basis of fake documents produced for purchasing the land.
Another is criminal case for forging documents and doing fraud and criminal breach of trust against you.
1. You can file a Civil Suit for Declaration Decree to cancel /revoke /rescind the Sale Deed by giving proper reasoning's /justifications and documentary evidences and witnesses.
2. File plea to declare the said Sale Deed as null & void, with proper undertaking to return the principal amount back to the purchaser. This will avoid any futuristic criminal liability on you.
This is my response to you:
1. File an FIR for forging of documents and commitment of fraud;
2. This is punishable under IPC;
3. Then file a civil matter for recovery of the land and the money;
4. Consult a local lawyer, discuss full facts and take steps.
you can file Criminal as well as civil suit regarding the cancellation of sale deed & punishment for cheating. Certainly you will get relief.
Registered sale deed can not be canceled. He have received full payment and deliver possession. Now you have no say.
If he is non farmer and occupying agriculture land than govt. will forfeit the land but will not return to you.
