Cancellation of sale deed

do you still want to buy that property ? if yes, then you don't have to cancel the contract . just sue for specific performance and the rest will go on its own course. 

but if you don't want that property, just amend the suit and urge the court to declare the sale deed to be void ab initio and  claim damage for the amount you actually paid i.e. 60% of the cost of house.

that's all

Suit for speific performance is sufficient, however, submit additional prayer for cancellation of sale deed qua suit propery.

It cannot be termed "ab-initio".

Thanks experts

We have filed  suit for specific perormance and paid the court fee on the total amount of MoU. If they are ready I am ready to buy the land.

Additionally, we have added in prayer to declare the sale deed void ab initio, as my MoU is subsisting and valid and other suits are also pending in the court in respect of the property. (where I am not party and when I got to know I pleaded to make me necessary party...and is going on).

As I did not have money to pay court fee for cancellation (around 60k) of sale deed, we paid court fee (around 80 k) for specific performance of MoU and 1200 for declaration of sale deed to be null and void ab-initio and for different injuctions @ 200 per prayer.

My question is whether the prayer to declare sale deed null and void ab intio will stand or I have to amend the plaint and pay the court fee for cancellation of sale deed ???

Please advise.

For court fee you do not have to total prescribed fee for the relief of cancellation of the sale sought in the plaint.  Since you are not a party to the sale deed document, you may pay the minimum valuation court fee which will be an adveloram fee only.

As a matter of fact you could have restricted your claim with a suit for specific performance of contract itself, there was no need for declaration or cancellation of sale deed made subsequent to a sale agreement with you. Let the affected party file a petition and get himself impleaded as a necessary party to the suit based on the transaction he made in respect of the property subsequent to the sale agreement between you and the vendor. 

I think your advocate has not guided you properly. 

Thanks sir,

I have made that person ( which executed sale deed with predecessor owner). also a party in the suit and sought relief to declare his deed as void an null ab -initio and for injunction that he should not use the deed for any purpose on the property..

My question is that mere declaration of his sale deed as null void is sufficient or I need to exclusively ask reliehf to cancel it.

Can I do the same (cancellation) by Notice of motion or by permission to edit the plaint.