cancellanation of sale deed
Querist :
Anonymous
(Querist) 08 October 2010
This query is : Resolved
Mr a and b both are brothers (hindu) having the agricultural land which was provided by the government to the both brothers
Late mr b died now mr c got his name in revenue record
After the few time mr a executed the sale agreement notorized in the favour of D but even though after the completion of time limit he does not done any effort to execute the sale deed in favour of mr D so mr D issued legal notice to the mr a for the executing the sale deed and after the the executing the sale deed mr a and mr b lodged the case before the mamlatdar to the purchaser on the base that D has not paid full consideration of the land and also not paid the full stamp duty
What the case is proper for the cancellation of the sale deed ?
M/s. Y-not legal services
(Expert) 09 October 2010
If D proved his ready and willingness for ready to the sale mean you can't cancell the agreement. Otherwise he wil approach the court with a specific performance suit. If he breached any contains of that agreement mean you can cancel the agreement. Unless you can't.
Prakash Langalia
(Expert) 09 October 2010
if you read sanad (allotment letter) of the government, you may find condition that without previous sanction of the govt. land can not be sold. however, if mr.b is died then how he has lodged case before mamlatdar?
s.subramanian
(Expert) 09 October 2010
I agree with Mr.Prakash. The transactions or violative of the conditions on which the government granted the land to you.
Kirti Kar Tripathi
(Expert) 09 October 2010
the query is not clear. It appears that the land was provided to a and b jointly. thus unless the land is not partitioned or a is not declared as exclusive owner of the land, he can not transfer or alienate the land alone. c has got his name mutated as legal heir of b, the said agreement is voidable at the option of c. However, if agreement of sale contains the signature of both a or b (c as legal heir of deceased b), G has a right to take legal recourse by filing of suit for specific performance, provided the conditions of allotment , if exists in the allotment letter, are fulfilled.
R.Ranganathan
(Expert) 09 October 2010
The query is confusing. So I request the experts to just call for a proper query before replying to such queries. In the present query the following points are confusing:
1) a and b joint owners as per govt. sanction.
b) b died
c) c comes into the picture as per the mutation register.
d) a enters into a sale agreement with D
e) D issues notice for executing sale deed
f) a and b executes sale deed
g) a and b after executing the sale deed lodges a complaint with mamlatdar for sale consideration against D.
Shashikant V. Patil
(Expert) 09 October 2010
Inspite of legal notice issued by Mr D, finally sale deed executed by Mr a and Mr.b without taking purchase consideration ? How can it be ? More over, Mr b also later on became alive to lodge the complaint before Tehsildar. Query not written properly.
