Cancellation deed

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved
Hi All,
I sold a property recently and after selling came to know that the previous owner from whom I had purchased has sold the property to one more person.(It was ancestral property and the person has got changes done to survey number and sold as different property).Now the person to whom I had sold wants to cancel the sale deed and wants his money back.How this can be done? is there something like cancellation deed? what are the charges that will have to be paid at subregistrar office?Is it possible to get back the stamp duty and registration fees paid at the time of registration?What things i need to take care before executing cancellation deed?
The property is in bangalore and the goverment guidance value is 1100/sqft.

Thanks in advance

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ajay sethi (Expert) 14 November 2011
your title is defective .
if person from 1)whom you had purchase property had already sold it to other person .

2)you have stated that you have sold property to third party and have received the money for sale .

3)why does he want to cancel the sale after consideration has passed and he has become owner of the property.

4)what do you want? are you willing to refund the money?
5) is the buyer aware of the fraud?

6) once deed of conveyance is executed it cannot be cancelled by execution of cancellation deed .

7)the proper course would be for buyer to reconvey property to the seller by a deed of conveyance

Querist : Anonymous (Querist) 14 November 2011
1.I had purchased in 2004.The person who has sold it to me has sold it to someone else again in 2010.
2.The third party to whom I sold came to know that it has been sold to someone else(when he went to construct compound)and through him i came to know about the fraud.
3.I'm willing to refund the money
4.Sale deed has been executed.But the third party to whom i sold has not applied for khata transfer to his name.Cant this be cancelled by execution of cancellation deed?

ajay sethi (Expert) 14 November 2011
. once sale deed has been executed title passes on to the buyer . you have received full consideratio n from the buyer

proper remedy would be for purchaser to reconvey the property in your favour

ajay sethi (Expert) 14 November 2011
in the alternative you can move the civl court for cancellation of the deed

prabhakar singh (Expert) 14 November 2011
Agree with Mr. Sethi.

Sailesh Kumar Shah (Expert) 14 November 2011
execute surrender deed and registered the same with sub-registrar.

no stamp duty and registration fee would be refund, which is earlier paid.

alternatively,you can file cancellation suit in the civil court.

Sailesh Kumar Shah (Expert) 14 November 2011
Shri Ajay Sethi,

with due respect, i am not agree that purchase of property.Since, in conveyance deed clear title to be pass and this case has no such content.

Querist : Anonymous (Querist) 14 November 2011
Shri Shailesh Kr. Shah,
Do you mean I need not pay the stamp duty and registration fee again when executing the surrender deed?

Sailesh Kumar Shah (Expert) 14 November 2011
no, you would to pay again as per indian stamp act as applicable in your state.

Raj Kumar Makkad (Expert) 14 November 2011
Only remedy remains to persuade your purchaser to go to court and seek cancellation of registered sale-deed by impleading you as well as your seller as party to suit.

I am very strange to know that you do not want to take any action against your seller who has committed fraud by selling it to some other person by making forgery? You file FIR as well as civil suit against him and he shall have to bear all losses coming before you.

prabhakar singh (Expert) 15 November 2011
aap likhe musha banche.

Querist : Anonymous (Querist) 15 November 2011
I'll file FIR against my seller who has sold it to someone else also.I dont want to include the buyer who bought from me as it is not morally correct.

Cancellation deed

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