• Cancellation of Sale Deed

Hello Experts,

I have purcahsed an apartment in a gated community and my flat registration is completed. In fact i have paid my home loan and hold the registration papers with me.

I have deployed one AC compressor on the front elevation of the building as they have not provided any proper provision to place the AC compressor. They have not provided any duct area where this can be done. 

When they approached me verbally i responded with a positive approach saying that i am happy to collaborate if you can get this done at your expense and place it in a location which is accessible for maintenance.

Inspite of that they have send me an email saying that i should get it reloacted, otherwise they will cancel the sale deed in the registrar office.

I am really not happy with builders approach and would like to know what is the best way to take this forward. Also advice if he submit an application for cancellation then what are the chances of success.

Thanks in Advance
Asked 3 years ago in Civil Law

3 answers received in 2 hours.

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12 Answers

You can approach to consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

1. The sales deed cannot be cancelled by making an application before registrar.

2. Registrar don't have power to cancel the sales deed on any ground. 

3. This power is vested with civil court only. So they have to file a suit in civil court for cancellation of sales deed.

4. And this is not a ground for cancellation of sales deed so dont worry about their threats. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The registrar's office is not his home or his father's that the builder can do anything as he pleases or wishes.

His threat  is just to scare you.

If he keeps tormenting you on this issue then you can even issue a legal notice to him challenging his claim as well as his threats.

You can mention in the legal notice that if at all he wants this to be relocated, let him provide the facility for that or if he is not able to provide any proper place or suggestion on this, it would be better that he refrains from giving such threats which is considered to be illegal and you will initiate proper legal action against him for this illegal activity.

No such request by him to cancel the registered sale deed would be entertained by the Registrar, 

The registrar has power only to register the document and do not have power to cancel the registration, only court of law can cancel the registration by an order provided the court is convinced about the reason, and this is not a reason for cancellation of the registration of a document.

The court also may not entertain any suit that may be filed by the builder if he  really intends to approach court on this.

 

 

T Kalaiselvan
Advocate, Vellore
79210 Answers
1614 Consultations

5.0 on 5.0

See they cannot cancel the already registered sale deed. They have to file suit and state reason such as non payment and provide evidence of same for cancellation they cannot simply cancel the sale deed. If builder has been deficient in services then a consumer complaint against the builder can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Builder cannot unilaterally cancel sale deed 

 

2) he would need court orders to set aside sale deed 

 

3) ask builder to give in writing where should the compressor be relocated and you would willingly do so 

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

1. Sale deed cannot be cancelled unilaterally by either seller or buyer. The party which wants the sale deed to be cancelled has to file a suit for cancellation in the competent civil court which alone can cancel it.

2. Further, installation of AC compressor is not a ground for cancellation of sale deed unless it is written in the sale deed itself that such installation by flat owner will be a ground to cancel the sale deed.

3. There is nothing you need to do now. Let the builder go to court and file the suit and you can cancel it fittingly.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

as per law, there has to be very stong grounds for setting aside sale deed once builder has handed over the possesion. 

For any such  complaints you can always serve them legal notice.

Nitin Jaspal
Advocate, Gurgaon
36 Answers

5.0 on 5.0

1. Once the Sale Deed is duly Registered, THEN it CANNOT be canceled "individually" by the Builder or yourself.

2. However, the Registration can be cancelled ONLY by "mutual consent" with "joint signatures" of Builder & yourself.

3. Further, the AC relocation is a very very small matter and IF you are already in possession & residing in property, THEN builder CANNOT do anything in the matter.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

Builder can't cancel registered deal for flat via legal notice: State commission


A registered agreement for a flat cannot be terminated/cancelled by the builder only through a legal notice to the buyer.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Merely on the ground of disobedience the builder cannot proceed to cancel the sale deed, he must first give you some reasonable time to facilitate you to relocate the AC compressor unit. If within such time, you do not comply then he must file a civil suit seeking cancellation of the sale deed for violation or breach of the conditions of sale. You say you live in a gated community, then staying here you are bound by certain rules and regulations, if you breach these, the builder can initiate proceedings against you through a due process of law. Not by threats or force.

If they are not cooperating then you find a suitable location to install the AC out door unit, and get it relocated yourself. Why make it a big issue. You will have to live in this community for a long time.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Sale deed cannot be canceled, You are absolute owner and can use your property in any manner and No Authority Can Cancel Registered Documents:

Builder is boasting.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

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