Cancellation of sale deed
naveen
(Querist) 26 August 2014
This query is : Resolved
"A" sold a plot to "B".Later he sold the same plot to "C". Later C sold it to "D". D sold it to "E". Later E sold the same to my client "F". When my client saw EC recently, the fraud played by "A" came to the light.My client filed cheating case also.
Now, can my client ask for cancellation of sale deed and want return of money as the title is not a perfect one. Whereabouts of "B" are not known.
According to which provision can I file the case?
Please advise . . . .
Thanking You,
Naveen
Deekshitulu.V.S.R
(Expert) 27 August 2014
There cannot be a question of unilateral cancellation of the sale deed. The only thing your clilent can do is to file a suit for recovery of the consideration that passed under the sale sale deed from
"E".
M V Gupta
(Expert) 28 August 2014
Are u sure that the transaction between A and B was a concluded sale and not an agreement to sell? If it was only an agreement to sell, it does not affect ur title to the property, but B may file a suit for specific performance of his agreement against which u may obtain an indemnity from your vendor. Pl consult ur local advocate and follow his advice.
