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Ashish   24 January 2025

Adivasi land cancellation of sale deed

Hi Everyone please help me with this...

I am adivasi hold a land 8acres wanted to sell it ...one non adivasi party approced me and said they will do all the procedures about sale deed without collector permission. I said ok as I was unable to take permission from collector as it's required so much money. We registered sale deed and land was handed to them....but ferfar was not done by authorities as this is adivasi land....also one of their cheque got bounced which is mentioned in sale deed....Now I asked them to mutually cancel sale deed but they are asking me more money for cancellation of sale deed... should I go for civil suit against them.... please help



 15 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 January 2025

You cannot sell the land without permission from the District Collector.  You blindly believed the buyers and sold the land.  However, you can file a civil suit in court by consulting an advocate.

1 Like

Ashish   24 January 2025

But civil suit takes so much time atleast 3yrs..also I want to know would their will be any legal action against me as I agreed for sale deed

T. Kalaiselvan, Advocate (Advocate)     24 January 2025

In most cases, an Adivasi (tribal) cannot directly sell their property to a non-Adivasi without prior permission from the relevant government authorities, making such a sale potentially void or illegal depending on the specific state laws and regulations governing tribal land ownership; essentially, the sale is not automatically void but requires approval to be considered valid. 

To sell their land to a non-Adivasi, the Adivasi typically needs to obtain prior approval from the local revenue department or a designated authority, who will assess if the sale is necessary and fair.

The exact rules regarding Adivasi land sales vary depending on the state you are in.  

If without prior sanction there is transfer of possession by tribal to a non-tribal under agreement to sell, it is void ab initio.

If the cheque is bounced you can file a cheque bvounce case against him.

To cancel a sale deed, you can file a suit in a civil court.

You can gather evidence to support your claim, such as documentation of fraud or misrepresentation.

A sale deed can be canceled after registration, but only within a specific time frame and under certain conditions.

The cancellation must be based on valid grounds, such as fraud, misrepresentation, or breach of contract.

The cancellation must be requested within a reasonable timeframe.

You consult an experienced lawyer in the local and proceed as suggested 

Ashish   24 January 2025

Thank you so much sir....

Dr. J C Vashista (Advocate )     25 January 2025

Sale transaction is void and illegal, hence no action can be initiated against the vendee (purchaser) who has the possession of the land.

However, since transaction is invalid, vendee can be evicted by district admistration.

Dishonoured cheque was drawn in consideration of an invalid and illegal transcation of sale of the land hence any case u/s 138 NI Act, 1881 shall not be maintainable.

Accordingly you have (legally) lost your landed property / every thing.

Ashish   25 January 2025

Sir can you please explain in detail please...this point

Accordingly you have (legally) lost your landed property / every thing.

 

 

kavksatyanarayana (subregistrar/supdt.(retired))     25 January 2025

Landed property and the amount of dishonoured check.

Ashish   25 January 2025

So what should I do...file civil suit or not

Dr. J C Vashista (Advocate )     26 January 2025

When did you make the subject sale transcation for filing suit for recovery

and

whether the dishonoured cheque is valid to find out limitation ??

Ashish   26 January 2025

Sale deed was done last year January 2024 and cheque is already one year old... I am ready to return all the money which I took from purchaser but he is asking me 10lacs more than the amount he given me... actually he is harrassing me for money

P. Venu (Advocate)     26 January 2025

What do you mean by "also one of their cheque got bounced which is mentioned in sale deed"?


Ashish   26 January 2025

Yes purchaser gave me 2 cheque so one of them got bounced 

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

How about the other cheque, was it honored or you are yet to present it before bank?

Ashish   26 January 2025

Other cheque Honored....


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