selva (technical leader) 31 July 2012

Direction required - cancelled sale deed

Hello Folks!

Am new to this forum and found lots of information shared amoung members. Now, am planning to buy a property in Chennai, Tamil Nadu. I need your guidelines for the below senario.

2011 - Person 'A' bought the said property from 'B'

2011 - Patta transferred to 'A'

2012 - Due to some reason the sale deed which was executed in 2011 was cancelled by the mutual concent. I could see that both the parties were signed and registered the same in sub registrar.

Questions are:

Can I buy this property from the person 'A'?

Will this be a problem while transferring the patta?

Thanks for your time on this.

Regards,

Selva

Reply Follow

4 Replies

Praveen Singh (Lawyer) 01 August 2012

Selva,

The sale deed in favour of B stands cancelled as per you therefore the property as of now vests with A and thus, Patta is a mere formality, you would be buying from a person who is a third party to property

selva (technical leader) 03 August 2012

Hello Praveen Singh,

Thanks much for your reply. Still I have not come to clear picture. Do you mean that this cancellation is void and the property is still vests with the person 'A'?

Thanks,

Selva

Praveen Singh (Lawyer) 03 August 2012

I stand corrected, its B sold to Property to A and Patta was transferred in A s name.

Later, the Sale Deed in favour of A was cancelled mutually vide registered deed.

Naturally, A does not have any right in the property as by virtue of cancellation of sale deed the property vests in original owner B.

The Patta in the name of A is a mere paper without factually correct patta as B at any time may produce the cancelled deed which would compel the patta authority in again changing the patta in the name of B.

Thus, Your purchasing property from A would be of no meaning as be is the real owner