cancellation of sale deed
raja athimoolam
(Querist) 02 October 2009
This query is : Resolved
'A' executed a sale deed to 'B' without title. Title to the property is with 'C'. Whether 'C' can execute and register a cancellation of sale deed in regiterar office? please guide
Raj Kumar Makkad
(Expert) 02 October 2009
C cna approach civil court to get the sale deed declared null and void. he can also file criminal case against all persons involved in the sale of property duly owne by him.
adv. rajeev ( rajoo )
(Expert) 02 October 2009
C will have to file suit for declaration as the sale deed executed by A in favour of B is null and void.
C can iniatiate criminal proceedings against A & B.
The sale deed executed by A in the name of B without having the tittle itself shows that criminal intention of A & B.
B might have known that A is not the owner of the property. Butcolluding with A, B has got regd., the sale deed in his name.
raja athimoolam
(Querist) 02 October 2009
I want to clarify that whether 'C' has right to register a cancellation deed applying the theory laid down in Full Bench judgment of the Andhra Pradesh High Court in Yanala Malleshwari and others v. Ananthula Sayamma and others reported in 2007 (1) CTC 97.
Adinath@Avinash Patil
(Expert) 03 October 2009
1]yes C has rightto cancellation registration deed, as per your query A have not title, without title A can,t tranfer C's property.
2] C can file civil suitagainst A & B for declaration the sale deed is ab iniio null & void.And sale is not binding on C.
3] C can challnge said in revenue court,if mutation entry with effect of sale deed.
Sarvesh Kumar Sharma Advocate
(Expert) 02 October 2009
