My father sold a property on 1july 2009,he passed away on 24/11/2009, according to the registry buyer gave one Lakh Cash & 7.5 by the medium of six Cheques, all cheque are bearer, my father only cashed two bearer cheque which amounted 3-lakh, after my father deth buyer self cashed the two cheque which amounted to 3-lakh , and till date two cheque are not in-cash. (Note:- buyer in-cased the cheque with the help of fraud thumb print after the death of my father) So, i have filed the case in civil judge jr. Div kanpur in 2013. So ,can i cancel this deed under the ground of fraud. As we know that at the ground of part -payment or promised payment is not a ground of deed cancellation. Is this matter come under the ground of fraud??IF YES,THEN UNDER WHICH TYPE OF FRAUD Whats your opinion towards this matter??
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You cannot cancel sale deed unilaterally
2) you need court orders to set aside sale deed on grounds of fraud
3) it has to be proved that full consideration was not received that buyer had fraudulently encashed the cheque by them prints of your father
Cancellation of sale deed case must be going on. But your case comes under recovery suit and it should be filed. Moreover since the buyer defrauded you a case of cheating and impersonation must be filed and criminal breach of trust.
Well ok. This is financial fraud. But it comes within the offences covered by the IPC.
You should have taken action to cancel the registered sale deed within three years of its registration for the reasons that the sale consideration amount has not been paid fully.
The dishonored cheques and fraudulently encashed cheques constitute the non payment of the full sale consideration amount.
It may perhaps be barred by limitation because it is over three years from the date of registration.
Even though you have approached court, but it is for some other purpose and not for cancellation of the sale deed.
The limitation of 3 years for instituting suit for cancellation of sale deed, as per Article -59 of the Limitation Act, will be reckoned from the date of knowledge of the execution of the sale deed.
Registered Sale Deed Cannot Be Cancelled over Non-payment of Part Payment After Period of Limitation is Over, Rules SC.
A bench of Justices L Nageswara Rao and Indu Malhotra was hearing an appeal filed against the order of the Gujarat High Court, which had affirmed the order of the trial court, allowing the application filed by defendants under Order VII Rule 11(d), CPC holding that the suit filed by the plaintiff was barred by limitation.
Sec.420 r.w. Sec.415 are here attracted, simultaneously file case of specific performance before the competent court.
1. No contract on the basis of fraud and without full consideration is valid.
2. Therefore the sale deed is liable for challenge in court provided you establish the fraud.
3. Therefore ensure that you don't part with physical possession of the property and file civil suit for declaration, setting aside of the deed and injunction.
4. Don't waste time in delaying to file the suit.
If you smelled the fraudulent act of the property dealer, You should have initiated both the litigation: Civil as well as Criminal.
It's nice that you've initiated deed cancellation, but you must initiate the criminal case also.
Please share all the details regarding frodulent act of the property dealer, I'll make you informed about the sections of IPC.
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Yes you can get the deed cancelled on this basis. File specific performance suit for the purpose
If part payment not paid and as per terms it is a ground for deed cancellation you can do it with specific relief Act. Fraud is totally different where there is no intention to pay only and the same is also a good ground to cancel subject to return of part payment and adjustment of your losses
The matter is sub judice let the court pass necessary order.
Non-payment of entire sale consideration cannot be a ground of cancellation of sale deed. You Should have deposited the cheque in father account, at least, amount would have transferred.
Also for court proceeding you have delayed a lot. When last, buyer promised to make payment, if in last three years and you have proof of it than can file recovery suit to recover rest amount with interest.
Send legal notice to first.
You may file charges against buyers under section 420,465,467,471 of I P C
Cheating and forgery charges against buyers.
- Yes, you can lodge a complaint against the said buyer , and a copy of the same should forward to Registrar for necessary action .
- Further , you can file a Declaration suit before the court for declaring the said sale deed as null and void .
You may file Criminal as well as civil suit regarding the cancellation of deed & punishment for cheating. Certainly you will get relief
Dear Sir,
You are suggested to file the case of cancellation of deed also in the court apart from the criminal case of fraud.
Yes you can file suit for cancellation of sales deed on ground of fraud but it will be better if you file recovery suit against buyer under specific relief act.
You can also lodge FIR against buyer for using forged thumb impression of your father.
