Deed cancellation
DISHANT BHADAURIA
(Querist) 15 April 2018
This query is : Open
Sir plz tell me we have sold our house and the buyer had made only half the payment mentioned in the deed and till then 2 and a half year is passed and the remaining payment has not made. so we can file a suit for the cencellation of the registered deed and if yes so what will be the time limit upto we can file the suit.
kavksatyanarayana
(Expert) 15 April 2018
In recitals of the document, is it mentioned regarding the nature of payment of sale proceeds? that means whether the half payment is now payed and the remaining amount will be made in a span of one/two years/some period or not. If it is mentioned in the document you can sue. However consult an able counsel of your area.
Dr J C Vashista
(Expert) 16 April 2018
1. As rightly observed by expert Mr. Kavksatayanarayan, what are the terms and conditions for payment of consideration mentioned therein the "agreement to sell" or "Sale Deed", your response is to affect the opinion and advise.
2. Who is in possession of the house and its title documents for the last 21/2 years?
3. Whether Sale Deed have been validly executed and registered or still it is on "agreement to sell"?
Guest
(Expert) 16 April 2018
You may or may not file a suit, or there may be limit or not for that, legally, you cannot do anything, if nothing is mentioned the deed about the part payment after the registration of deed, as full and final payment is deemed to have been made before or at the time of registration.
In that case, only gentle friendly pursuation of the buyer can help you recover the pending amount.
P. Venu
(Expert) 16 April 2018
Yes, any solution depends upon the recitals in the sale deed. Who is in occupation of the property.
