Ajitha (business) 25 February 2009

Effect of cancellation of initial Sale Deed

Hello everybody! would anybody answer the query? Please

One sale deed of the year 1965 was cancelled by registration dept. on the order of civil court in the year 2002 as it was proved fake one exparte, when the legal heirs of the executant of that sale deed was challenged. Before the year 1970 itself the property was sold out to 4 others by the vendee of the sale deed of the year 1965, but only the vendee of that sale deed 1965 was made party in OS. and he did not respond for the notices issued by civil court naturally as he already alienated the rights on the property to 4 others long ago.. The 4 other vendees in the sale deeds originated from the sale deed of the year 1965 not at all know all these court proceedings as they were not made party and their possession is not disturbed. Now the legal heirs of the original owners approached the revenue authorities for incorporation of changes in revenue records.

So, what is the remedy available for these 4 others?

Do the rights of the legal heirs of the original owner sustain?

Please clarify me.

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3 Replies

PALNITKAR V.V. (Lawyer) 25 February 2009

please give details of the events cronologically by giving dates of the events.

Ajitha (business) 26 February 2009

Thank u Sir

Chronological order is as follows:

A sale deed purported to be registered by the absolute owner in the year 1965 and he died in the year 1970.

Legal heirs of the absolute owner filed a suit in civil court in the year 2004 as they knew in 2oo4 about sale deed(1965), and they made the vendee of sale deed(1965) as party. The suit was dismissed.

Filed Appeal suit in the next higher court and got exparte decree in 2005 for cancellation of the said sale deed(1965). Therefore the Registration Dept. cancelled the sale deed( 1965) in 2005

The vendor of the sale deed(1965) sold the property to four others at different spells by the year 1970 and handed over the possession also and got the changes incorporated in revenue records in the year 1990 only, but land is vacant.

The four others i.e. vendees of the vendee of sale deed(1965) don’t know all these court proceedings as they were not made parties in the above said suit.

The legal heirs now approached the competent authorities for incorporation of changes in revenue records, but no action has been initiated by either the competent authority or the four others sofar and is pending since 3 years.

a) So, what is the remedy available for these 4 others?

b) Do the rights of the legal heirs of the original owner sustain?

with reagards

PALNITKAR V.V. (Lawyer) 02 March 2009

why the purchasers not made parties to the suit? Had they seen the property record they would have come to know that the property is already sold to some different purchasers. Why the property record was not checked? Is there any explanation?