Cancellation of Sale Deed

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
1. I along with my father purchased a property in Palam Colony, Delhi on 29/09/2006 via registred sale deed for Rs.16.80 Lac from reistered POA(shashi Kant) whois son of Nirmala Devi. Nirmala Devi aquired via relinquishment deed from all legal heair.
2. After purchase property was given to My cousin on rent without any agreemnt upto May 2010.
3. then we came to know that there are 3 parallel sale deed of the same property by inserting a notarised GPA from nirmala devi to three diffrent person by diffrent GPA and get sale deed registred in 3 diffrent names during the tenure of tenancy by tenant.
4. One of the forged sale deed holder has taken possession with illegal means and with help of local police.
5. How can we go for cancellation of these 3 sale deed from court.

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adv. rajeev ( rajoo ) (Expert) 05 January 2011
You will have to file a suit for declaration and possession, if yours is first sale.

Pritam Saini, Advocate (Expert) 05 January 2011
you should filed a suit for declaration to the effect that you are owner on the basis of sale deed dt 29.9.06 and your relative was in possession under your tenancy and all three sale deed are null and void without authority and just a waste paper and same are not binding on your rights and seek relief of possession because your tenant was dispossed forcefully.

Querist : Anonymous (Querist) 05 January 2011
Yes my sale deed is first.
1. So whether i have to file 3 diffrent suit for declaration for cancellation or single as there are different parties. As same person is buyer in one sale deed and seller in other sale deed and value of one sale deed is Rs.70K, 2nd Is Rs.80K and last one is for rs.12Lac.
2. For all declaration different court fee is to paid or combined or not to pay any court fee for declaration and court fee only for possession. Pls advise on this issue also

Querist : Anonymous (Querist) 05 January 2011
Thanks rajeev ji as well as pritam. Please also advice on the issue of court fee for cancellation of forged Sale deed and how many declaration i should file.

Querist : Anonymous (Querist) 05 January 2011
Whether for cancellation every forged sale deed court fee is to be paid as per sale deed value or not applicable.

Guest (Expert) 05 January 2011
a single suit is necessary every sale deed . combine all the parties for as defendants. file a suit for declaration as the sale deeds are null and void and also declaration of title on the property. reg court fees contact the local lawyers of your state

Raj Kumar Makkad (Expert) 05 January 2011
One suit shall suffice. File a suit only against the party in illegal possession claiming your ownership by way of registered sale-deed and further on rent under you. This shall be a suit for declaration and possession and court fee calculated on the value of your sale-deed shall have to be affixed and in written statement when such defendant claims his ownership by way of his sale-deed then file replication challenging the validity of his sale-deed. The court shall decide the matter finally in your favour and possesion shall be duly delievered to you. You can even demand mesne profits being derived by defendant by way of his illegal possession.

Gulshan Tanwar (Expert) 06 January 2011

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