It is basic law that a tenant cannot stop the landlord or his agent from selling the property which he occupies as a tenant. On the sale of the leased property the tenant becomes a tenant under the new owner i.e the buyer, whereas his tenancy does not come to an end with the execution of the sale deed by the erstwhile owner. The new owner steps into the shoes of the previous owner in so far as the lease deed executed by the latter in favour of the tenant is concerned. So you cannot challenge the sale deed executed by the GPA holder for and on behalf of the landlord. Your only remedy is to restrain the owner from evicting you without following the due process of law.
Cancellation of sales deed
Hi Sirs, My name is Rakesh, I'm tenant of my own grandfather's brother shop, my grandfather has four brothers,one of the brother has got shop as his share during property distribution, as owner of the shop is mentally retraded, his elder brother(my grandfathers second brother) took GPA and used force and undue influence on me to evict the possession of the shop. I have filed a perpetual injection order to stop them from harnessing me, however due to typo error summons were not served. In the mean time my grandfather's brother how holds GPA has sold the property to the third party without my notice? Now can I file suit for cancellation of sales deed? and the mentally retraded is not married and doesn't have any legal heirs, can I claim the to his legal heirs. Please help me in this
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1) you have to amend your plaint and seek orders to set aside sale deed executed by grand uncle
2) you have to make out a case that owner of property is mental regarded and that POA eas fraudelently executed by force I favour of grand uncle
3) you have to make purchaser party to the suit
4) in the alternative file fresh suit to set aside sale deed executed by grand uncle
you may file a civil suit for cancellation of sale deed which was based on GPA which was executed by a mentally disable person before civil court because if a person is not mentally disable then without court permission the sale can be valid and can be cancelled by any person who is next friend of that person who is unable and may file a civil suit on behalf of him as Next friend of that person.
you may be legal heir or not, its depend on your family tree.
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Dear Sirs, What would be the sections in which I can file cancellation suit of sales deed considering I don't have any proof or evidence that my grand father is mentally regarded? Kindly help me in this regards, Regards, Rakesh
Asked 7 years ago
1) get your grand father medically examined by reputed govt hospital
2) only if he certifies that grand father is mentally retarded should you go ahead in filing suit to set aside sale of property
3) under section 12 of contract act a person who is of unsound mind cannot enter into contract . Mental competence is defined as the ability to understand the terms of a contract and the capacity to enter into an agreement.. if your grand father could not understand the POA executed by him then you should move court to set aside sale deed
As I said before, a tenant cannot file a suit for cancellation of the sale deed.
You cannot claim yourself to be a legal heir of the mentally retarded person. In fact here is no question of legal heir to any living person.
You can challenge the validity of the GPA of that power agent who has acquired GPA from the mentally retarded person because any act done by the mentally retarded person is invalid in the eyes of law.
He should have obtained court guardianship for the mentally retarded person in his favor to take care of his property and for carrying out all the function including maintenance of the property after being appointed as the guardian by the competent court. Also, he cannot sell the property on is own without obtaining court's permission to sell the same.
For appointment of court guardian he should have filed a petition before court to declare the person as mentally retarded person under mental health act.
He should have included or got NOC for other brothers /siblings of the mentally retarded person to file guardianship petition or to have impleaded them as respondents to obtain this guardianship.
Being a tenant, you can challenge under the tenancy protection rights to identify the actual owner or the guardian of owner and yo can even refuse him to be the owner and can seek permission of court to deposit the rental amount before court till the court decides about the ownership of the property.
You should properly discuss this point with our advocate and move the case from this angle and also can challenge the sale deed on this basis.
Or can ask other siblings of the mentally retarded person o challenge the sale deed on the basis of above points discussed.
What would be the sections in which I can file cancellation suit of sales deed considering I don't have any proof or evidence that my grand father is mentally regarded? Kindly help me in this regards,
In the given situation being a tenant you cannot question the authority of the landlord to sell his property but your tenancy rights can be protected during such transactions.
You have to provoke other siblings of the mentally retarded to initiate the legal action as suggested.
Dont worry abut the scions, your advocate will take care of the sections and laws involved in it.