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Deed cancellation

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved 
dear sir,
I won a case from a person x and I got the delivery of possession also and my name was mutated also and since then I am paying rent to government.Now this person executed certain sale deeds to person A,B,C,and D.now whether these sale deeds are valid or void-abinitio ?or I need to file a suit for deed cancellation of these deeds executed by X?PLEASE ADVISE....
prabhakar singh (Expert) 23 September 2011
Although the deeds are executed without any right title or interest in the property,they are void abinitio,but since they create a clog and cloud on your title and a third party can be misled by them ,who can afterwards plead bonafide purchaser,it is desirable that you seek cancellation.
Devajyoti Barman (Expert) 23 September 2011
Clarify first whether in your suit you asked for ownership or not.
If not then it is better to pray for such declaration.
Querist : Anonymous (Querist) 23 September 2011
SIR ,the land was restored to me as it was illegally occupied by X..AND after restoration i got my name mutated and delivery of possession.thanx for advise.
Devajyoti Barman (Expert) 23 September 2011
You did not reply my query.

Restoration of possession does not necessarily mean Decree on title.
Raj Kumar Makkad (Expert) 24 September 2011
If you have valid title in your name with possession then also you should seek cancellation of alleged sale-deeds and should also get stay order against BCDE etc.
Sailesh Kumar Shah (Expert) 25 September 2011
you should also lodge fir as well as suit for cancellation of sale deed.


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