• Illegal registration of property - Sale Deed

This is regarding a house located in the state of Telangana. Our Property was divided - my brother got lands and I got house. My mother gift registered me the house in 2004 and then I gift registered the house to my wife in 2006. my brother and mother filed a case in the court for their share. my wife won the case and my wife took injunction on my brother and we recently posted an ad in new paper saying that the house belongs to my wife. Then my brother and mother filed a case in the court again for their share. In November 2015 my mother illegally sold the house to a third person (who is a close friend of my brother and is supported by big businessman) and registered on to his name via sale deed. I am not sure how the registry was done, though the house is not in my mother's name but in my wife's name. This sale deed happened when there is case going on on that property right now. 

My question is  - 
1) Is this sale deed valid, as there is a court case going on
2) How can i cancel the illegal sale deed
3) How can I stop from doing such things in the future
Asked 12 months ago in Property Law from Hyderabad, Telangana
Religion: Muslim
1) Is this sale deed valid, as there is a court case going on
Any transaction during a pending litigation cannot be held as valid and not binding on the owners.



2) How can i cancel the illegal sale deed
You do not have to cancel the illegal sale deed, it stands invalid since the transaction has taken place intentionally to defeat your claim of title in it. 




3) How can I stop from doing such things in the future
The court case is the answer.  Just wait for the outcome of the court case and then decide how to secure your property. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Unless the gift deed which your mother made in your favour was declared as illegal by the court your mother could not have sold the house as she ceased to have any right to deal with the property after the execution of gift deed. Be that as it may, you should immediately file a lawsuit to get the sale deed made by her declared as illegal by the court. A criminal case for cheating and breach of trust also lies against her. The buyer can also file a lawsuit to claim the recovery of money which he paid as consideration of the property and also a criminal case for cheating.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you will have to file suit to set aside sale deed and registration done of the house 

2) your mother was not the owner of house and she could not have executed sale deed in favour of third party 

3) yiu will have to make your mother , purchaser  party to the suit 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1) I understand this sale deed is not valid, as court case is going on(case is in initial argument state). How can i cancel the illegal sale deed (can I file a law suit for sale deed cancellation[against my mother,brother and purchaser] using the EC as it will have the Document No. and also we have the details of the purchaser)- Should I file a criminal case as well ?
You need not worry about the cancellation of the sale deed which was done illegally while a property dispute was pending in the court.  The sale deed is invalid and not enforceable in law hence you do not have to worry about cancelling it.
However since you are so much concerned about its cancellation, you may either file a petition to amend the plaint by adding additional relief as prayer which is seeking cancellation of sale deed execute during pendency of this case or to declare it as null  and void, you may have to pay additional court fee for this additional relief sought now. If the court is not entertaining this petition, you may have to file a separate suit seeking the said relief. 



2) Is this process of sale deed cancellation too costly, I heard the cost for cancellation of sale deed by court will be around 40000 plus advocate fee of around 30000-40000. I am planning to file a caveat as well. 
Since you are not a party to the sale deed the court fee may not be to the extent as you have been wrongly guided, you may have a second clarification from another lawyer about it.  There is no comment on the lawyer's fee. 



3)How long will this case of canellation of sale deed go on in the court.
This is another regular civil suit, it may take years to get disposed. 



4) Can I ask the court to as my mother refund the money I spent in this cancellation as this is a big cost for me. If yes how should I go about this one.
You can file the suit for costs of this suit too.




5) How can I stop them from doing such things in the future? Shall I take injunction on all the people of my family who are asking share in the property?
You can file a permanent injunction suit against all those who are trying to interfere in your peaceful possession and enjoyment of the property. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) I had already advised you to file suit to set aside set aside sale deed 

2) litigation fees vary 

3) it may take 10 years for suit to be disposed of 

4) you can claim litigation expenses from
Your mother 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. The only remedy is to file a lawsuit for cancellation of sale deed. Criminal case should also be filed against her. 

2. Look the fee structure of lawyers is not uniform anywhere in the world. There are lawyers who would take up a brief for x amount of money as briefing fee plus appearance fee and there are those who would charge x*10 as briefing. The court fee is not uniform throughout India, so only a local lawyer can advise you on this.

3. The disposal time would be subject to the pendency of the court.

4. You can recover the legal cost i.e lawyer's fee and court fee from your mother.

5. Injunction is what you require to stop them from doing this again.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you can file complaint with district registrar regarding fraudulent sale deed executed by your mother 

2) buyer can also
Move court regarding fraudulent sale deed executed by seller ie your mother and seek refund of money paid by him to your mother 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
It is trite law that registrar has no authority to cancel the sale deed after it has been registered. You have to go to court. FIR can and should be filed for cheating.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) I heard that a district registrar can cancel the sale deed within 90 days of registry if the sale deed is proved fraudulent.(I am In state of telangana) Can I file a FIR and request  the registrar to verify the validity of the sale deed and cancel it ?
Is it okay to try this before filing a law suit for sale deed cancellation ?

What you have heard is a genuine information.  There is circular as well as GO itself in this regard issued by government of Tamilnadu authorising the same registrar to rectify the fraudulent transaction/registration, whereas in practice no registrar would be willing to do this and they will refuse to do so without assigning any reason, any appeal before the IG registration against this attitude will also not fetch any fruitful result because after all they all belong to same category. However you may verify this provision from the local registrar's office and tender an application seeking to cancel the said fraudulent registration, if you dont get a favorable reply from registrar, dont waste your time waiting for his action, you may proceed with the suggested alternative steps. 




2) If above is not possible and if the buyer is ready to cancel the registration and file a law suit against the fraudulent seller, how should I proceed with this ?
The buyer cannot unilaterally cancel the registered deed, both the buyer and vendor can move joint application as well as cancellation deed cancelling the earlier registered deed, then only the registered deed shall stand cancelled. Or else the relief will be through court of law alone by filing a suit for cancelling the alleged fraudulent registered deed.



3) Is it okay to try above two before actually filing for sale deed cancellation.
You have to decide about this considering the time and cost involved and to judge if it is worth enough. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. As of now the sale deed stands in the name of your wife for which your mother can not register a sale deed for selling the same property.  the said registration is invalid,

2. File a criminal case and also a declaratory suit praying for the declaration that the said registration is invalid directing the registrar to cancel the registration,

3. Once the registration is cancelled, it will be an criminal offence on her part to recommit the same offence.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. & 2. The steps to be taken for cancellation of the said registration has been advised in my earlier post,

3. The case may run for 1 to 2 years,

4. In the said declaratory suit, you can claim legal cost for your filing and contesting the case,

5. You can not take injunction on any body's claiming share on your property. If any body fraudulently registers your propery, you can file a case against him/her.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1.The registration is over. The registrar should have verified all the aspects himself before registering the property. Now, court order is required for cancelling the said Registration. However, you can tryb this method before filing the suit,


2. If the buyer sues the fraudulent seller, it will be easier for you to prove that the registration is illegal and get it cancelled,

3. Try all methods to see if any one clicks before filing law suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) your lawyer will advise regarding points to be mentioned to make sale strong 

2) you should apply to court to set aside fraudulent sale deed executed by your mother 

3) you should also file criminal complaint against your mother for cheating , criminal breach of trust before local police station 

4) your mother has illegally transferred house when she  had no ownership rights on the same . 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1.Validly registered Gift Deed can never be cancelled be it before or after 3 years unless it is a conditional gift deed where the condition of the gift has not been fulfilled. You can send an application as per RTI Act to the registrar asking for sending you copies of the said document. His refusal/inability  letter will serve you well as an evidence in future,

2,3& 4. While filing the case for cancellation of the deed, you should file an application praying for a direction up on the Municipal Authority not to mutate the property in the name of your mother or any other person till your case is disposed of,

7. Your first step now should be to collect the copy of the deed by which your mother has transferred the title of the property to some other person much after it was transferred in your favour through a registered gift deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) I heard gift deed cannot be challenged unilaterally after 3 years of registration. Is that true? Is what she did illegal ?
I got EC of the house from Registrar office which shows a document number which I thought of using to file a case. But when I tried to get the registry documents using that document number, I am getting the registry documents of some other property. When I ask the Registrar office to give me a copy of the recent registry on my house, they say they dont have any.
You have stated that the your mother executed a gift deed on a Rs. 50 Non judicial stamp paper and it was  not a registered document.  If that is the case then there is no effect on the gift deed, it is an invalid deed. There fore she ignored the said gift deed and proceeded with the sale of the property to a third party.  
The only advantage on your side is that she filed a partition suit and then she sold the property, if at all she had the marketable title then there was no need for a partition suit and after filing the partition suit, she cannot alienat the property on her now.
A registered gift deed cannot be unilaterally cancelled by the donor. 





2) Some people in registry office are involved in this . how can I tackle this issue?

I heard Deputy Mayor of my city(who is helping them) has given orders to Muncipal Office to give the buyer mutation, I went to Muncipal Office to request to not give them mutation and their documents are now sent for a case study. There I saw their registry documents which had a Document No. different from the Document No. present on EC. When I tried searching that new Document No. on the goverment website, I did not get any results(though I got results for the document numbers before and after this number)
If you suspect foul play and fraudulent activities in respect of this property, you may first write to the registrar about this, on not getting a satisfactory reply, you may file a suit for cancellation of the sale deed as well as the mutation of revenue records. 



3) How can I stop the mutation ? (As they threathened me that they will take control of the house in couple of months)
and how can I know which is the correct document No.?
You have to write to the revenue department about stopping of transfer of revenue records, if they dont respnd, you may file a mandatory injunction suit against the revenue department restraining them from proceeding with the mutation of revenue records till the disposal of suit.



4) Should I just apply for cancellation of sale deed or also apply for injuction and stay along with it?
You may file a suit seeking the proposed reliefs. 



T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
The sale deed is required to be challenged as it has been executed without competence. Mere drawing up of cancellation deed does not permit the donor to sell the gifted property. Injunction can be sought against the sanction of mutation. Lawyers are trained legal minds who know what is to be mentioned in the draft of the case and what relief is to be sought, so leave this to your lawyer.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) How can I stop them from demolishing house, my lawyer says I cant get injunction copies until Monday and also the court is closed until 22 Jan.
If it was a temporary injunction granted on filing, you could have got the orders on the same day evening or the next day  itself to enable you to send the orders to the respondents immediately, moreover which is the court that it is closed till 2 Jan 2016, is it high court? You can clarify this issue through other advocates too. 
Well if you confident that court has given injunction order against you and if you anticipate those people to indulge in demolition act, you may take the help of top police official (if the local police do not cooperate with you) stating that you already obtained injunction but they do not ce the law r court.  Hence police intervention is requested. 




2) I came to know that my mother wrote gift cancellation(the gift deed which she gave to me )on a 50 rs stamp paper and sold house. She says as she cancelled my gift registration, the gift registration that I did to my wife is automatically cancelled. Is it true ?
Th property transferred to yo vide unregistered gift deed in your favor is not valid hence your subsequent gift deed in your wife's favor also stands revoked. 



3) what do you suggest me in this situation , are there any chances for me to win the case as my mother has given me gift registry in 2004 which i gave to my wife in 2006 as gift registry. Mother then cancelled gift registration she did to me( in 2015) and sold the property to other person (in 2015). All this when there is a case going on which my mother and brother filed against me in 2014 to ask their shares in the house and the case is still going on.
Yes you have a good case, proceed by properly challenging their case. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) your mother cannot cancel the gift deed unilaterally without court orders . cancellation of gift deed by mother is illegal 

2) you have good case on merits as you have already got an injunction order retraining creation of third party rights . 

3) enclose copy of order to muncipal office request them not to demolish the house . you can move vacation judge for urgent reliefs 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. What does the injunction operate against? If injunction restrains the demolition then there can be no demolition subject to the rider that a coequal civil court had not ordered demolition before the injunction was ordered by another civil court. 

2. You require a certified copy of the court order to stop the demolition. The civic authorities and the opposite party are not supposed to cease their proposed action except on being shown the certified copy of the court order. An urgent request may be made to the judge concerned to order the preparation of the copy immediately lest you are prejudiced.

3. The gift cannot be  unilaterally cancelled after it has been executed. It could have been cancelled only by the court. You are required to file a suit for cancellation of the sale deed executed by her. Unless the sale deed is cancelled by the court it will hold its ground. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Ask your lawyer to send the Corporation stating that injunction order has already been passed by the court, copy of which will be availed on 22.01.2016 and there should be no demolition till then,

2. Registration of of Gift Deed can not be cancelled unilaterally without Court order,

3. You have full chance to win the case since your wife is now the absolute owner of the property and the gift ded registered in your favour by your mother can not be cancelled by her.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0