The deed is void. It does not exist as not only the buyer told lies about himself but the seller. Was also cheated. Now a suit for cancellation of sale deed has to be filed in a district court.
Cancellation of Sale Deed
How can be cancelled a sale deed, if German Citizen buyer has bought a property without RBI Permission? German Citizen, by birth Bangladeshi, was staying with tourist visa in India, has bought a portion of an undivided Hindu family property on 05.06.2003 in Kolkata without mentioning on deed his real citizenship, place of birth. The buyer had no permission from RBI according to the Notification No. FEMA 21/2000-RB dated May 3, 2000. Link:file:///C:/Users/asus/Desktop/FoerignNationalPropertyBuyingInIdia.pdf. The uneducated widow old woman, who allegedly sold her portion to her German relative person, were not aware about this sell deed. She was told, that she is going to registry office for signing a Land mortgage deed, for borrowing from that German Citizen 90,000 Rs. Now she knows, it was a sale deed. The Buyer is living in Germany. He went to Germany from Bangladesh. The allegedly Seller in living in Kolkata, India. The buyer did not completed the mutation of that bought property till today. How can she cancel that deed?
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
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Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK), irrespective of their residential status, cannot, without prior permission of the Reserve Bank, acquire or transfer immovable property in India, other than on lease, not exceeding five years. This prohibition shall not be applicable to an OCI.
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Foreign nationals of non-Indian origin resident in India (except 11 countries listed at (a) above) can acquire immovable property in India.
However the citizenship of the buyer seems to be Germany, hence even though he was by birth a Bangladeshi, he was a German citizen at the time of purchase of this property, hence there may not be any restrictions for him to buy the property in India.
Deed of cancellation can be executed with mutual consent
it should be duly stamped and registered
Seller cannot cancel sale deed unilaterally
If the sale deed executed is itself illegal then cancellation deed even if executed will not have any legal standing
She can file a suit for cancellation of sale deed in civil court as the same for done by way of fraud and misrepresentation which makes the sale deed void.
It's immaterial whether the mutation of property was done or not.
Dear client, As per RBI's press release, NRIs and OCIs are presently governed by Foreign Exchange Management Act (FEMA) 1999 provisions. They do not require RBI's prior approval to acquire and transfer immovable property in India, other than agricultural land, farmhouse, plantation property
