Terms of agreement are sacrosanct
2) it is binding upon you
3) you have received consideration mentioned in sale deed
4) you cannot stop the sale now
Stopping registration
I recently signed an agreement copy without reading it fully. The property in question belongs to my sister and me. My sister fooled me saying that this was not registered so there was no harm in signing it. Later I tried to stop the land from getting transferred to the buyer, but was not successful. The sub registrar said that since i signed the agreement, nothing could be done. The property has a court case pending against it, so the land registration took place in terms of pending registration. Me and my sister have been paid. The reason I was against the sale was the buyer bought the land from us at below the market price, and the land is still in court case. Is there anything I can do?
Asked 3 years ago in Property Law
Religion: Christian
14 Answers
You will have to sue for cancellation of the registered document
Any transfer of property pending suit relating to it is invalid under Section 52 of Transfer of Property Act, 1882. Apart from this there are many way to challenge the transfer of property and get it cancelled.
- Since, the case is already pending before the Court, then you can move an application before the same court for cancelling the sale transaction during the period of proceeding.
- If no result , then you can file a separate suit for declaration to cancel the said sale deed in the name of buyer , and you can take ground that your consent for signing the document was taken forcibly.
Dear Client,
As per the facts which have been provided, you can consult an advocate and share with him the details of the case to get a better understanding of the current situation.
Hope this clarifies your query and requirement.
Thank you.
If you have signed the agreement to sale alone that too for a country outside India, then it cannot be considered as a valid document nor it can be entertained by the registrar to execute the sale deed by the seller in favor of the buyer.
You can file a suit before court to cancel the registered sale deed but since you have received the consideration amount you may not be able to contest it at this stage.
The information what you have given are not complete neither proper hence no further opinion can be rendered based on the incomplete or partial information yo have furnished here.
You may consult an advocate with all details about the transactions and the relevant documents in detail and proceed on the suggestions made.
You can go for cancellation of the same on basis of fraud
What exactly happened is this. When we went to receive cash, the buyer never informed us that he would be sending someone with the agreement document. We waited for a long time, and a relative of the buyer suddenly appeared with the agreement document. He said unless we signed on the agreement, he won't give us cash. There was only one copy of the agreement and all 4 people(at that time-the agent,, my brother-in-law, my sister and me) had to read it. Our agent also never told me about the importance of the agreement document. According to original conversations between the buyer and the seller(only my sister and my brother-in-law) there was not to be any agreement document exchanged between the parties until the entire sum of money was paid. We were given very little time to read it. Also the exact amount was revealed on that day only to me. The seller also should be given an opportunity to add some addendums( or conditions). On the behest of a good friend, we added some time limit for the sale, after which the transaction would be null or void. But the seller was prompt with the payment. BTW, due to old quarrel between the sisters, my sister and brother-in-law never allowed us(me or my husband) to have any conversation with the buyer or the agent (not even zoom meetings). The entire deal took place without us having any knowledge and they even took some advance amount (which was told to us later). My sister said since this is not a registered document, there is no harm in signing it. BTW I am an NRI, residing in US and I am not aware of real estate laws in India. They also never allowed anyone into the room with me, who could explain what was going on. The buyer bribed some people at the registrar office and got the land registration done ( am not sure if it is a pending registration or a real one).
Asked 3 years ago
If you had been to the registrar's office at that time then that would be deemed that you had affixed your signature in the document that was presented for registration, it is immaterial for the sub registrar that whether you read and understood the contents of the deed.
At the first instance You should not have signed the papers, but if you have signed the papers before the registrar's office then it would be considered as registered sale deed only.
You first of all obtain a certified copy of the registration document and peruse the same properly to find out what document you had signed and what were the contents written in it.
If the contents are against your interest then you may have to file a suit for cancellation of the registered document within three years from the date of its execution.
You can discuss with your advocate and proceed as suggested.
If you still believe that you were defrauded and your signature was obtained by force then you can fight against the injustice meted out to you through court of law.
You can approach court as said earlier
Litigation is long drawn and expensive proposition
oncr registered agreement is done for sale of property and you have received sale consideration sale would not be set aside
The land does not have a GO as yet. The registrar office people said GO will be issued after 6 months. In reality, no land sales should take place. Some people are selling through notary.
Asked 3 years ago
File declaratory suit that you are absolute owner of property and to set aside sale deed
seek injunction restraining buyer from selling the property
It's illegal to sell in such manner
The immovable property sold through notarised sale deed is not legally valid hence what is your concern about it.
They might do it out of anxiety whereas they are not aware of the consequences that such deed is not recognised as legally valid, hence such people will face the law when a dispute arises.
Hence you can discuss your actual problems instead of projecting problems of others
Dear Client,
As per the facts which have been provided, you should hire an advocate to deal with this matter.
Thank You.