If that is a public way why did he have to pay for it? I mean you could simply have left it vacant. Anyways if the terms of the deed were such and those terms are not being honoured then you can file for specific performance of contract.
Conditions of Sale deed not met. How to cancel that sale deed?
I have sold a piece of land to 'X', under the conditions, that , the sold land is the Way to other lands tose are behind this land. The sold land cannot be occupied by any person. Only purpose is Public way. Now the person 'X', sealed the Way by putting a big Gate. He is not respecting the conditions specified in the Sale Document. Can i cancel the registered deed? Is possible? if so how to?
Asked 6 years ago in Property Law
Religion: Other
11 Answers
1) the other land owners can sue the purchaser to claim easmentary right of necessity if there is no other access to their land
2) you cannot cancel sale deed . once sale deed is executed purchaser is absolute owner of property
1. If clauses of the Sale Deed has been breached /infringed, THEN you can revoke /rescind the Sale Deed, by giving proper legal notice & refund of money and by filing a Civil Suit in the local civil court.
2. In amicable circumstances, the Sale Deed can be cancelled by joint signatures of both the parties involved.
See you and other other adjoining farm owners can file a suit claiming right of way and for specific performance of condition of sale deed before the court.
Conditional sale deed not valid. Once property sold, seller looses all rights in property.
You sold the land now why worrying, let those affected file the case. Can try by filling suit of cancellation of sale deed but rare possibility of success.
Those who lives behind if using the path from long time than can file suit of easement.
it cannot be cancelled.
Instead we have to get him to honour the contract.
Regards
G.Rajaganapathy
High Court of Madras
You have to prepare cancellation deed and get registered in sub registrar office where you have registered sale deed. So try to convince other party to come in for cancellation deed.
You can cancel the same by issuing a legal notice or a mutual cancellation deed.
1. You cannot cancel sales deed by yourself.
2. You need to file suit in court to set aside the sales deed in alternate relief you can claim way from property if that person.
Conditional sale deed not valid. Once property sold, seller looses all rights in property.
If the condition mentioned in the sale deed has been violated by the buyer then the seller can invoke the clause for cancellation due to this breach of contract condition and can execute a registered cancellation deed unilaterally.
If the registrar refuses to register the cancellation deed, then the seller can approach court with suit for cancellation of the sale deed for the reasons he relies upon.
