cancelling sale deed
PRASHANT
(Querist) 01 April 2015
This query is : Resolved
My grandmother owned a house ..which she gifted to my mother through registered will .
Some part of the house premises/haata is sold to party X by my grandmother ...she made the sale before registering will deed in the favor of my mother.
Now its 23 year ...but the party X was not able to take possession... that part is still our premises.... can we challenge the sale deed...or else what we can do for it...please suggest.
Thanks!!
Dr J C Vashista
(Expert) 01 April 2015
How your grandmother got the title of the property?
Is she a Hindu by religion?
What are the circumstances where you want the "Sale Deed" qua part of above property, stated to have been executed by your grandmother 23 years ago, is required to be cancelled at this belated stage?
For further clarifications/advise/ proceeding visit my profile for pressing the button "Click to Talk".
Devajyoti Barman
(Expert) 01 April 2015
The sale deed can not be challenged and that too after such long time.'Sale deed after execution of Will makes the Will non effective. Continue the possession till you are evicted.
Rajendra K Goyal
(Expert) 01 April 2015
Try to have amicable solution with the purchaser, sale deed after such a long time can hardly be challenged.
Jayaraj Poojari
(Expert) 01 April 2015
You need to answer the following questions so as to effectively solve the issue:
1. Was the property of your Grandmother a self-acquired one or is it an ancestral property?
2. Was the sale made to party X is complete.? i.e., was it legally executed?
3. How come party x was not able to possess the property for 23 years. What were the reasons?
4. It is beyond common sense to assimilate the fact that your grandmother willed a property which was already sold. What would be your answer to this..?
5. If the said property is sold (legally executed) then don't you know that prima facie it is against the law to challenge it?
ajay sethi
(Expert) 01 April 2015
once sale deed is amde title of property passes on to the purchaser . your grand mother cannot make will in respect of said property as she is no longer owner of said property
why has purchaser not taken possession ? was full payment not made by purchaser?
malipeddi jaggarao
(Expert) 01 April 2015
I fully agree with the expert Mr.Jayaraj Poojari. Give point-wise replies, then only anybody can give you proper advice. You are hiding facts and not coming out with full facts.
Guest
(Expert) 01 April 2015
A case of wishful thinking or day dreaming. Definitely, the party would not have purchased the property for giving that in charity back to the survivors of the seller.
Even the seller, what to say of the surviving heirs, do not enjoy any authority to cancel a valid sale deed.
T. Kalaiselvan, Advocate
(Expert) 04 April 2015
The sold portion of the house property bequeathed by Will will remain the property of the buyer, just because the buyer did not take possession , the beneficiary cannot annexe the same to its other property, it is illegal.
