Sale deed
Querist :
Anonymous
(Querist) 24 March 2010
This query is : Resolved
My father ninety years old applied for permission for sale of a part of his land from the City Development Authority and District Commissioner(as required by local law) , under coercion and duress taking advantage of his old age(1) by some of relatives when the said land was under mortgage with a bank(2). I brought these facts to the notice of the two authorities mentioned above requesting revocation of sale permission.
Subsequently the District Commissioner requested the Registrar not to register the sale deed against the sale permission granted by him. The City Development Authority did not take any action on my requests. A sale deed was executed based on the sale permission of City Development Authority and District Commissioner. How ever the purchaser was not the applicant to application sale permissions. Sale permission was issued to another person My Father and the original applicant signed an agreement stating no objection if the purchaser buys the land.
The plot of land mentioned has an old house standing over it. However neither the sale permission nor the sale deed mentions any house in the schedule of property. From the sale deed it appears as if a vacant portion of land was sold which is not in existence. I came to know about the sale deed through RTI. My father died one year ago and he signed the sale deed two and a half years ago. Now I want to challenge the sale deed on the following grounds
1. My father signed the sale deed under coercion and duress, a fact which I have brought to the notice of the authorities before signing of the sale deed. I have received copies of letters submitted to the respective authorities.
2. The sale deed does not mention any house in the schedule of property and also no value of the house except the land value was indicated in the sale deed which apparently deprives the govt. from revenue in form of stamp duty and registration fee.
3. The present house where I am residing along with my father's heirs was constructed by loan I had taken from Bank. The construction project of the house covers the whole plot of land including the land where the old house is also standing and that part of the land is meant for parking as per building bye law. This fact I had also mentioned in my appeal to City Development Authority for not issuing the sale permission and also in my appeal to revoke the sale permission. A part of the old house in my possession where as the other part is occupied by a tenant who is supposedly an employee of the purchaser who occupied six month prior to execution of the sale deed as tenant.
Kindly advise and also cite similar H.C or S.C cases.
s.subramanian
(Expert) 18 September 2010
Yes. You can challenge on these grounds. Go ahead.
