How to cancel a deed of sale..???

Abhishek Pranav (Querist) 07 December 2013 This query is : Resolved
My wife is the only daughter. After my father-in-law's death my wife's mamaji shifted to my mother inlaw house to take care of her. The above mentioned house is the self acquirred property of my father inlaw. After few months my wife's mamaji fraudentally took signatures of my mother inlaw stating that he is transfering the said house of my father inlaw in the name of my mother inlaw. Beliving in her own brother she signed all the papers in March 2013. After that they started to do all sort of misbehave then my mother inlaw came to us. After thro serching we came to know in Sep 2013 that mamaji has executed a Sale of Deed in his own name.. How can we chalange the forged deed of sale and get it cancelled please help...???

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Dr J C Vashista (Expert) 08 December 2013
1.File a complaint for cheating of your MIL and fraud committed by Mama.
2. Move to the civil court for declaration of sale deed as null and void with permanent injunction

P. Venu (Expert) 08 December 2013
What was the made of alleged transfer? Is the document registered?

prabhakar singh (Expert) 08 December 2013
A suit of cancellation of the sale deed is the requirement by your MIL.You are advised to visit a nearest civil law lawyer.

T. Kalaiselvan, Advocate (Expert) 08 December 2013
If it was a self acquired property of your FIL, and he died intestate, your wife is entitled to a share out of the property so without your wife's consent, the sale deed executed by your MIL as far as your wife's share is null and void, hence your wife may sue your MIL before a civil court of law with a suit for declaring the alleged sale deed as null and void and also file an interim injunction application restraining the defendants to not to alienate/not to encumber the property. The new purchaser may be impleaded as another defendant.

prabhakar singh (Expert) 08 December 2013
As the property was self acquired by your father in law who died intestate it devolved half and half on his daughter(your wife)and
widow(your mother in law).

The fraudulent or impersonated sale deed is not valid at all and does not affect the 1/2 share of your wife.

If your mother in law does not seek cancellation of sale deed fraudulently obtained by your mamaji(brother of your mother in law)by a civil lawsuit,that 1/2
would stand loosed .

Guest (Expert) 08 December 2013
If your mother in law is on your side she could very well execute a cancellation deed with the support OF CRIMINAL PROCEDURES IN POLICE AND COURT DIRECTIONS.Also apply for encumberrance certificate to ensure any other transaction is done by your uncle.If your wife's mother is in not in your favour still AS ADVISED ABOVE your wife would get her share.

prabhakar singh (Expert) 08 December 2013
Dear Querist!

A sale or gift deed once executed and registered can not be unilaterally cancelled by vendor or donor .For cancellation of such a deed decree of court is required where by a law suit such deeds are challenged as impersonated or forged or on the ground that consent to the document was obtained by fraud or misrepresentation or undue influence and no consideration was received(in case of a sale deed).These allegations are pleaded depending upon facts of a particular case.

A forged and impersonated deed is void ab initio but as it finds place in a public register it's cancellation is sought on pleading that the same
is a clog and threat on title of true owner as any one may get misguided.

In cases where consent is not free, deeds are treated VOIDABLE at the option of the owner.

Guest (Expert) 08 December 2013
Well Advised by above Expert

ABDUL RAZIQUE (Expert) 08 December 2013
nothing more to add.

R.K Nanda (Expert) 08 December 2013
agree with experts.

Devajyoti Barman (Expert) 08 December 2013
Yes, lodge complaint with Police for cheating.
File civil suit to set aside deed of sale.

Rajendra K Goyal (Expert) 08 December 2013
Well advised by the experts, criminal and civil cases are the avenues available.

ajay sethi (Expert) 08 December 2013
agree with prabhakarsinghji

Abhishek Pranav (Querist) 09 December 2013
Can you all provide any judgement done in past for reference similar to my query...thanks for your kind help ...will keep posted

Dr J C Vashista (Expert) 09 December 2013
Nothing more to add

ABDUL RAZIQUE (Expert) 09 December 2013
search cancellation of sale deed - Indian Kanoon
indiankanoon.org/search/?formInput=cancellation%20of%20sale%20deed‎

How to cancel a deed of sale..???

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