Revocation of sale deed
Shankar
(Querist) 02 April 2014
This query is : Resolved
Dear Experts,
My grand mom[Age:84] executed the sale deed to his son-in-law, in that sale deed it was mentioned son-in-law paid 17 lakhs by cash to my grand mom . but later on we came to know that son-in-law forcefully executed the sale deed and he didn't pay any money to my grand mom .
a. whether my grand mom can challenge the sale deed?
b. How she can prove that she didn't receive any money from him?
ajay sethi
(Expert) 02 April 2014
is your grand mother educated ? when was sale deed executed?
Shankar
(Querist) 02 April 2014
She is not that much educated , sale deed was executed on jan'2012.
a. whether cash transaction is allowed upto 17 lakhs?
b. in her account no cash is deposited at that time?... by mentioning this point whether she can challange the sale deed?
Devajyoti Barman
(Expert) 02 April 2014
1. Yes by way of filing suit for declaration of deed as null and void due to lack of consideration and playing of fraud.
2.Let her file case. Onus is upon purchaser to show payment .
ajay sethi
(Expert) 02 April 2014
what was she doing for 2 years? when did she come to know of fraud? were the contents of sale deed not explained to her by her advocate at time of registration ?
Shankar
(Querist) 02 April 2014
Six month back only she came to know , after that she given a police complaint but son-in-law showed some pro-note papers[ he got some fund on the same day from third party] to police and he said to handle this case in court.
At registration time, my grand mom was with son-in-law , no one explained about the sale deed. but there is no proof that son-in-law gave money to grandmom. this will help us?
ajay sethi
(Expert) 02 April 2014
contact a local lawyer . file suit for declaration that sale deed is null and void . mention about police complaint filed against son in law also .
obtain injunction restraining son in law from creating third party rights on said property .
if no proof that such amounts were paid in cash it would help your case
Rajendra K Goyal
(Expert) 02 April 2014
consult a local lawyer and show him all the documents.
Devajyoti Barman
(Expert) 02 April 2014
You have a good case. Get a civil suit as advised filed her soon.
R.K Nanda
(Expert) 02 April 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
You have a very god case to file a suit to declare the alleged sale deed as null and void for not passing on the consideration amount, contact a local lawyer and go ahead.
