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Prakash   25 January 2021

Sale deed voided and nullified

A sale deed executed between A & B on 2015 was cancelled by court as ex parte judgement in 2016 stating that defendant(B) was absent. After that another sale deed got executed between A&C in 2017. So now the property title is with C. Is it safe to buy that property in 2021? Is there any chance that B can ask for revoking voided sale deed anytime ?


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     26 January 2021

A very complicated issue that has to be guided by a local advocate, to study the relationship between A & B, why there was expartee decree, the judgment stated reasons and whether summons was duly issued to the defendant, etc.,

Real Soul.... (LEGAL)     26 January 2021

Dont buy any such property, you will be in trouble for nothing

Dr J C Vashista (Advocate)     27 January 2021

It is better to consult  a local prudent lawyer for appreciation of facts / documents and professional guidance 

P. Venu (Advocate)     27 January 2021

The facts posted suggests no encumbrances in purchasing the property unless there was fraud inherent in declaring B ex-parte. Even in such an eventuality, the buyer is entailed for due protection of law as an innocent third party. In other words, even in such a case, B's remedy would be restricted against A, the prospective purchase would no way be liable. 


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