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Nandha (proprietor)     08 September 2013

Sale deed cancellation

Sir,

On 03.02.2012, i have made sale agreement  to my cousin's wife and power of attorney  to cousin's friend for the period of 3 years in sale agreement. The above all is for borrowing finance from my said cousin of about 10 lakhs.The market value of my property is of  40 lakhs.My cousin paid me 5 lakhs. after he refuse to give me the balance. Once i knew he won't make further payment , i cancelled the power of attorney on 08.02.2013. Meanwhile my cousine made a sale deed on his wife's name,on 26.04.2013, using the cancelled power of attorney and sale agreenent.

On knowing the facts i have reported it in a local police satation, that we are not yet paid the loan payments,he made the sale deed without our knowledge,while we cancelled the sale deed,he is not giving money and cheating us.

The local police authorities advice us to make a civil suit. My question is wheather we should file the suit in  which narrating that we have not yet paid any paisa. Or we should admit the receipt of 5 lakhs and asking the balance amount and contesting against the sale deed registration which affects our total ownership of building. 

Please advice us in this situation.

Thanks and regards



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 September 2013

Firstly you have to file a suit for declaration of Sale deed dated 26.04.2013 as Null and void on the basis of cancellation deed 08.02.2013 cancelling the Power of Attorney;  The sale agreement dated 03.02.2012 is to be proved that it was just a mere collateral security for the receipt of loan amount of Rs. 5 Lakhs.  You have to produce the promissory note or any bond executed at the time of availing the loan and should state that you are ready to repay the entire loan amount along with its accrued interest thereon;  If the alleged Sale was executed subsequent to cancellation of Power of Attorney Deed that too without your signature in the Sale deed dated 26.04.2013, you have a case for filing a criminal complaint against your cousin  on the grounds of cheating, forgery and conspiracy etc, which you can lodge with a local police or before a judicial magistrate of your jurisdictional limit as a private complaint; please consult your lawyer for further proceedings in this regards.


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