Validity of a sale deed
Querist :
Anonymous
(Querist) 04 November 2009
This query is : Resolved
Respected Experts,
In one of the question Learned expert Mr. R. K. Makkad replied, "but after the expiry of a period more than 30 years, the sale if erroneously made otherwise becomes valid." Can I humbly have any case-law or anything? A sale deed executed in violation of any act and the sale deed is declared ab initio void by any civil court. The vendor has signed in Re. 1 revenue stamp in the money receipt in presence of witnesses, thus he got benefited. In this case, will the vendee who has lost the land can claim the compensation? What if the vendor is dead?
My heartiest Thanks to all of the learned experts.
adv. rajeev ( rajoo )
(Expert) 05 November 2009
When the sale deed is set aside by the civil court, it has no value.
For what purpose Re.1 stamp in money receipt, whether it is respect sale of land? If it is for the sale of land it is not valid because sale of land requires regd., sale deed which should be regd. singing on Re.1stamp in the money receipt is only proof of moeny received.
If the vendor is dead, it can claimed on his LRs.
