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SachinPara (ASE)     11 April 2014

Sale deed invalid

My uncle had been cheated and a fraud has been done with him. I need some advice on what should be done.

He had his property mortgaged with ICICI in Mumbai, and was paying EMI regularly. Some people, leveraged him to keep his property mortgaged with them, and get a loan against it to keep up his personal needs. They presented the papers to him as if they were mortgage papers, and he did not read them. After signing the paper, they took him to sub registrar office to get the registry done. In sale deed they have put the property evaluation based on circle rate, but the actual cost of property is much higher than that. On top of that, my uncle has not got any money for that transaction.

To his shock, after few months, they called him and asked him to sign Rental agreement for his own house. Then he came to know that his house was sold and the document he signed was Sale deed and not mortgage papers.

Now My questions are:

1) Can the sale deed be declared invalid, because there has been no account transaction from buyer to seller?

2) ICICI Home loan was still continuing even after property was sold.

3) Original papers were not present at the time of registry?

 

Can the above clauses or any other cause this deal be considered invalid?



Learning

 5 Replies

Rahul Choudhary (Student)     11 April 2014

if your uncle had transferred the name of the property, and have no document of proof then its likely that you cannot do anything about this now. some sort of papers are needed.

Rahul Choudhary (Student)     11 April 2014

if your uncle had transferred the name of the property, and have no document of proof then its likely that you cannot do anything about this now. some sort of papers are needed.

and the sale document is it self the proof of transaction.

Advocate Ravinder (Advocate/Attorney)     11 April 2014

1) Can the sale deed be declared invalid, because there has been no account transaction from buyer to seller?

---Already registered sale deed has been done fraudulently. Hence, you have been stuck up in the problem.  Now you have two chances to come out of the problem.  First one is that your property was already mortgaged to the ICICI Bank and you have not paid all the installments.  Since installments are pending, your property will not be released, hence the sale transaction will be invalid.  Second point is the sale transaction has been done with fraud and cheating.  Any transaction done with fraud will be treated as void transaction.  There should be consensus of mind while executing sale deed.  Hence, file a police complaint immediately against the culprits.  File a civil suit for cancellation of sale deed and recovery of possession. 

 

2) ICICI Home loan was still continuing even after property was sold.

---The paying of instalments are nothing to do with the problem of sale deed.  This is different issue and that is different.  You are bound to pay the total installments, otherwise, the bank people will recovery the due installments by filing a civil case.

 

3) Original papers were not present at the time of registry?

---Original papers are not necessary for registering the sale deed.  In normal case the real purchaser of the property will ask all original documents before purchasing the property.  But in your case the culprits are preplaned to knock away the property by fraudulent nature, hence without demanding for the originals, they huridly got the property registered in their names by way of sale deed. Thus they want to dispute and complicate the matter, with an intention that the owner of the property himself should surrender to sell the property to the culprits at the cost fixed by them.

 

 

SachinPara (ASE)     12 April 2014

Originally posted by : Ravinder.P


1) Can the sale deed be declared invalid, because there has been no account transaction from buyer to seller?

---Already registered sale deed has been done fraudulently. Hence, you have been stuck up in the problem.  Now you have two chances to come out of the problem.  First one is that your property was already mortgaged to the ICICI Bank and you have not paid all the installments.  Since installments are pending, your property will not be released, hence the sale transaction will be invalid.  Second point is the sale transaction has been done with fraud and cheating.  Any transaction done with fraud will be treated as void transaction.  There should be consensus of mind while executing sale deed.  Hence, file a police complaint immediately against the culprits.  File a civil suit for cancellation of sale deed and recovery of possession. 

Going by your advice on 1), since the loan is already closed, and property original papers are with him, can the sale deed by showing all banking transactions of loan EMI post signing of sale deed be still made invalid? Also, civil suit should be filed before filing police complaint or first a FIR should be lodged and then court case should be done. Also, we are fearing that the culprits might have taken control of police , and police might harass my uncle instead of the culprits. Please advice

 

2) ICICI Home loan was still continuing even after property was sold.

---The paying of instalments are nothing to do with the problem of sale deed.  This is different issue and that is different.  You are bound to pay the total installments, otherwise, the bank people will recovery the due installments by filing a civil case.



 

3) Original papers were not present at the time of registry?

---Original papers are not necessary for registering the sale deed.  In normal case the real purchaser of the property will ask all original documents before purchasing the property.  But in your case the culprits are preplaned to knock away the property by fraudulent nature, hence without demanding for the originals, they huridly got the property registered in their names by way of sale deed. Thus they want to dispute and complicate the matter, with an intention that the owner of the property himself should surrender to sell the property to the culprits at the cost fixed by them.

 

 

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

The sale deed can be rendered invalid because the original papers are lying with the Bankers under mortgage and the cheating has to be established for which the burden will lie on you.


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