A client of mine came up with a peculiar situation. He sold his two plots to a son and father respectively fourteen year ago. During the sale, both son and father did not give any amount of consideration to my client, but he was made to execute the sale deeds on their promise that they would pay him the money through a loan which they would obtain by mortgaging the same property which they were buying from him. My client kept one of the registered sale deeds with him and gave the other one to them and told them that he would hand over the remaining one once they pay him the money due to him for the transaction of sale.
Strangely, the son and father did not turn up with the money they were required to pay to my client even after numerous requests by my client. At the time of execution of sale deeds, my client did not take proper care to see that the document reflects true position regarding the consideration involved in the transaction. In both the documents, it was written as my client already received the full amount of consideration from the buyer.
Now after all these years, my client approached me. I am unable to decide whether my client can go for cancellation of Sale Deeds. Can somebody please suggest me the proper solution under these circumstances...??
