SBGUPTA (MANAGER) 02 December 2010

CANCELLATION OF SALE DEED

In 1991 we (me ,mother & 2 sisters )made a sales deed to sell our ancestoral house & same was registered at UP. The house is in my name however the buyers insisted that power of attorney of the sisters should be there.The sisters have signed the deed as witnesses.The deed has time limit of one year & incase the buyer donot make full payment by the date the seller is free to sale the property & amount paid will be confiscated. Inspite of several notices the buyers didnot respond and took the possession of the property forcebilly .Now one of my sister is asking her share in the property. My query is what is the status of salees deed? What is the status of my sister's suit for her share now? We have been paid only 1/3

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5 Replies

Viswanath (Student) 02 December 2010

If the Deed of Sale has been executed that contains the clauses as afore said, make a Demand of the balanc eamount thruogh legal notice and even if it is not complied with, then file a Set Aside Petition. After the Deed is set aside by the Court, you can claim the possession. Even you may ask for interim injuction when the suit is in progress.

SBGUPTA (MANAGER) 02 December 2010

What is the status of my sister's suit for her share now? The buyer & my sister seems to be hand in glove with each other.

SACHIN AGARWAL (ADVOCATE) 02 December 2010

In the sale deed contain the fact that the payment shall be made within a period of one year in future, you can demand the balance amount by serving a Notice and then can file a suit for cancellation of sale deed.

Whereas the matter relating to your sister's share is concerned, if it is mentioined in the sale deed that you are the owner of the proeprty and the sister has signed the same as witness, she cannot claim her share and her suit would certainly fail.

Y ARAVIND (ADVOCATE) 10 December 2010

Mere attestation of Sale Deed cannot wipeoff her proeprty rights. At best it can be said that she had knowledge of such transaction. She can agitate her rights and interests independently.