• Sale deed cancellation upon case dismissal and original GPA not handed over to us

Dear Team, Trust all well and safe.
It's been over 2 years upon case dismal on a registration on forgery basis.
Now we intend cancel the same sale deed as its refelecting in EC.
Also the original GPA has not been handed over to us
Looking forward to advise on the next steps and process.
Thanks in advance !
Cheers Shekar.
Asked 1 month ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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6 Answers

1) you need court orders to set aside sale deed 

 

2) it is necessary to peruse copy of court order of dismissal of case to advice further 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

give details of your query.

On this scant information i can not advise further.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

- You can file a suit for Declaration to cancel the sale deed on the ground of forgery . 

- Your query is not clear to reply in details. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

For removing the reflection in the EC a cancellation deed has to be registered, however the registrar may not entertain the execution of cancellation deed by one party alone, hence you may have to approach court seeking to declare the said sale deed as cancelled with a direction to registrar to make an entry in the registration about this effect mentioning the court order. 

You can also pray for the relief of nullifying the original GPA deed also by a court order by which you do not have to be bothered about the possession of the original GPA deed with the opponent.

 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

You just have to file suit of declaration so as to make the said sale deed invalid in all govt. documents after an order of its cancellation is passed by the court, the concerned registrar will modify the entries in EC or you could ask him to do so.

Same can also be done with the GPA by filing a suit in court. Thank you.

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

First of all there is NO team in kanoon

All are Individual lawyers answering independent of one another 

As the final decree has been passed directing cancellation of registration of sale deed on the ground of fraud, then you need to apply to the executing court for a direction to the sub registrar of assurances for effecting a cancellation of the registered sale deed either by himself from the registration records or you can pray for appointment of a court officer who can register a cancellation deed with you 

For return of original POA also you need to apply to the executing court 

You need to give more details as the details in your query are quite abysmal 

I have answered what I understood from your query. Dont know if that is what you intended to ask 

You also need to factor in any limitation period for applying to the executing court 

Yusuf Rampurawala
Advocate, Mumbai
6089 Answers
50 Consultations

5.0 on 5.0

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