Cancellation of sale deed.
thupden
(Querist) 27 February 2013
This query is : Resolved
A executes a sale deed in favour of B. B accordingly pays the consideration amount to A . B then moves for regitration of the sale deed. after months C approaches A with all the orginal copies of NOC given by A to B except for the sale deed and states that B is no longer interested in registering the property in Bs name , therefore she would apply for cancellation of the sale deed between A and B and requests B to execute a fresh sale deed between A and C. accordinly A gives an NOC to C to process with the registration of the sale deed in favour of C.
Same day B calls A to finalize the registration formalities and when A narrates the whole story to B , it comes to surprise of both A and B that C has been fradulently doing the mischief of getting the property registered in Cs name.
Now, B has filed a complaint in the office of Sub Divisional Magistrate stating A is about to sell the property to C and that such process should be stopped.
Where does A stand in this case . He acted in a good faith . Also no consideration amount was taken from B by A.
Raj Kumar Makkad
(Expert) 27 February 2013
B has already executed a sell agreement with B and as per your query has also received the sale consideration from him so he cannot dispose if off in favour of C ignoring the right of B to get the registered sale-deed in his favour. A can get cancel his NOC given to C if he is truthful person and if his act was based on banafide.
thupden
(Querist) 28 February 2013
Mr. Raj Kumar thanks for your response. But here we are not talking about a registered sale deed. The registration of the sale deed between A and B is not complete. And since a considerable amount had lapsed and since C came with all the original documents A acted bonafide and gave the NOC to C
Devajyoti Barman
(Expert) 28 February 2013
Suit for declaration of the second deed as null and void is the legal option.
