cancellation of fraudulent sale deed
Guest
(Querist) 25 July 2009
This query is : Resolved
Dear Experts,
Facts :- One 'A' has executed a sale deed in favour of 'B'. The same 'A' has also executed another sale of the same property to 'C', who in turn sold it to 'D'. When 'B' learnt this, he has filed a criminal complaint against all. Meanwhile, 'C' (the third owner) expired. Now, 'A' and 'D' (the last owner who is holding the latest sale deed) have agreed to sign all the necessary documents. ('A' has taken a stand that by mistake he has executed the sale deed).
My suggestions :- (1) Cancelling the sale deed made in favour of 'B' by 'A';
(2) Executing a fresh sale deed in favour of 'B' by 'D' ('A' has agreed to bear all the expenses);
Querry :- Is there any better options than the above 2 suggestions, please?
Thanks & Regards.
sanjeev murthy desai
(Expert) 25 July 2009
Dear R. Subramanyan,
As per first sale deed considered as genuine Deed so "B" has absolute ownership of that property. "B" subsequent sale deeds executed by A to the others are null and void under Law abintio. So "B" Should be filed a declaration suit against "A", legal heirs of "C" and "D" and cancellation of the subsequent sale deeds are null and void under law.
Legal heirs of C and "D" dont have any rights in respect of the "B" Property. With out having the title rights in respect of that property how can they executing fresh Sale Deed in favour of "D".
Under Court thorugh Cancellation sale deed may be done otherwise its not possible under Law.
"B" can file a writ petition against registration authorities for registred the fraud Sale Deeds.
sanjeev desai.
Harinarayan R. Tripathi
(Expert) 25 July 2009
Dear Shri Sivabhai
In reply of Query, I state that:-
I do agree with Shri Sanjeevbhai and in the line of the same I say that if once the title is duly transferred in favour of “B” then “A” has not left any title or interest in the property and as per law, no person can transfer better title then what he himself has.
In my view there is a way to solve out such problem by which the Owner “B” can execute a Deed of Assignment, in respect of his rights in the Sale Deed executed by “A” in his favour, in favour of “D”.
I hope this will meet with your requisitions.
Y V Vishweshwar Rao
(Expert) 29 July 2009
It is better to file a Case before the Lok Adlath and after appearing all the parties , Memorandum of Compromise may be filed and recorded delcaring the title of the party who is actualy holding the Valid present Title & declarating the other Deeds as Cancelled !
