Sale deed cancellation
Querist :
Anonymous
(Querist) 03 August 2023
This query is : Resolved
I belong from Schedule Caste community. My father has given POA to Mr X in 1997. Mr X (schedule caste) had sold a plot through registered sale deed in the same year by POA. In the registered sale deed they mentioned that both the party are general by caste, but that was not true because we belong to schedule caste and buyer was general by caste. Now my father and Mr X are died.
In 2023, I came to know that the buyer and POA had presented false fact in the registry about the caste. Sir i want to know can I challenge the sale deed in the court?
pls note, now the plot has been sold to another person and he built a house before 6 years ago.
kavksatyanarayana
(Expert) 03 August 2023
The caste of the buyer might have been wrongly noted in the document at that time. It was in the year 1997, why did you keep silent all these years if it is true? It is not possible to challenge the sale deed on the point you raised in my view.
T. Kalaiselvan, Advocate
(Expert) 03 August 2023
Firstly it is not known that whether the property was an allotted land under the government schemes to the SC community, if yes, whether there was any restriction to sell the property within certain specified period. If there was a condition that way and the property was sold within the specified period, the sale deed would not have been registered due to this condition.
If the property was purchased by your father for a sale consideration amount then it becomes his self acquired property, over which there is no such restrictions to sell the property only to a particular community.
Besides the property was sold long ago, hence any claim now to nullify the sale deed for any reason is badly barred by limitation hence no case will be maintainable
Querist :
Anonymous
(Querist) 03 August 2023
T Kalaiselvan sir, first point is true.The land was allotted and in Uttar Pradesh such restrictions were applicable.
T. Kalaiselvan, Advocate
(Expert) 04 August 2023
If it was an allotted land then what was the period of restriction, whether 15 or 20 or 30 years.
When was this land allotted to your father.
If the property was sold in the year 1997, whether your father was alive then?
If yes, why e did not object to that?
It appears that your father the original allottee was alive at the time of selling the property, thus he never raised any objections to that neither the governmental authorities have questioned about this sale of property, now with a gap of more than two decades, what is the authority or right do you have to question this sale of lawn, because you were niehter an allottee nor you have any inheritable rights at this stage because the property was sold long ago, hence there is no rights over the non existing property, besides the property was not sold fraudulently by your father to cheat the government.
If you raise any question about the validity of the sale of property for the reasons you rely upon now, it will be a problem to your own family for fraudulently selling the property
Dr. J C Vashista
(Expert) 05 August 2023
It would be appropriate to show relevant documents to a local lawyer for professional advise as the query contains some more clarifications.
