Cancellation of registry done in some pressure
I have registered one property roof which was in the name of my brother to one person due to threatening pressure on 15.10.2015 by power of attorney. The ground floor and first floor was already registered on 16.08.2013
At the time of registry the purchaser promised by way of agreement in Rs 100/- stamp paper to return my cheque which he has aquired by cheating.
but after 8 days he is not returning my cheque and trying to misuse it by bouncing from my banker.
Please guide the process to cancel the registry immediately before mutation.
After submitting objection who will be in better title i.e. Can I sell that roof to any body despite having earlier one registry.
For objection do I need any lawyer or I can send the application directly to whom.
Any proper format or simple application.
Asked 1 year ago in Property Law from Dehradun, Uttarakhand
The registered sale deed can be cancelled only if there is a clause that the payment received by cheque shall be subject to realisation of cheque. whereas your case is different that you have obtained a Rs.100 stamp paper for return of cheque while executing a sale deed in his favor. This clearly indicates that you have already received the sale consideration amount which is essential for any transaction. Therefore you have to wait for him to file a cheque bounce case and can challenge the same on the basis of his agreement made in Rs. 100 NJS paper.
Even objection to mutation or revenue records may not be acceptable on this ground. You may intimate the bankers to stop payment on the cheque being presented for collection for the reason that there is no liability towards the cheque amount to the holder of the cheque.
If you are still insisting on any legal action, you may consult a local lawyer and take his further advise.
1)did the purchaser give you in writing that he would return your cheque?
2)if agreement contains such a clause and cheque is misused and dishonured on presentation purchaser will issue you legal notice under section 138 NI
3) in your reply you have to take the plea that consideration has already been paid to purchaser by sale of roof rights
4) once sale deed has been registered to set aside regd sale deed you would need court orders
5) you would have to take the plea that sale deed was executed under coercion .
6) contact a local lawyer
1. The sale cannot be made through a POA, it can be done only through a sale deed. Be that as it may, the POA can be revoked if it has not been acted upon. If the sale deed has been registered then the only remedy is to challenge it in the court on the ground that it has been executed under duress.
2. The registrar has no authority of law to cancel the sale deed after it has been registered. Only a civil court can cancel it. You may also seek a stay on the sanctioning of mutation till such time that the court decides the lawsuit.
Did you have a valid power of attorney from your brother?In your query the registered date mention is 15.10.2015 and another claim is (but after 8 days he is not returning my cheque and trying to misuse it by bouncing from my banker.) To day is 22 . 15+8=23
lot of missing factors are there .So give proper idea about your problem for getting a correct answer.
The Registering Officer is obliged legally to reject and to refuse to register a unilaterally executed deed of cancellation of a sale deed without the knowledge and consent of other parties to the sale deed. A cancellation of a sale deed executed by mutual consent by all parties to the sale deed, if presented for registration, Registering Officer is bound to register the same if the other provisions like Section 32-A of the Registration Act are complied with. Challenging registration of a unilaterally executed cancellation of a sale deed, a writ petition is maintainable under Article 226 of the Constitution of India.( M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal on 11 February, 2011) or
approach the civil court and File a civil suit for declaration in order to get the sale deed declared as null and void and if you are not in possession of the property then also seek possession.
1. The transfer of title of a property once registered can not be cancelled without Court order,
2. Lodge a police complaint immediately for the said threats first,
3. After that lodge a declaratory suit praying for declaration that the property has been made to be registered by you by being threats and also direction upon the register to cancel the said registration.