Legal Question in Real Estate Law in India
Mr. X transferred his property to another for an amount less than what should have been. This deed was not registered. Later he died. His son now, files a suit for declaring the contract void due to inadequate and invalid consideration. Is this possible? If yes, how should i defend the son ?
2 Answers from Attorneys
If the consideration amount is too low in comparison to market price, assumption of undue force or fraud can be made and hence can be challenged. The pther positive in your case is that the deed has not been registered.
919555462995
11.02.2013
Dear Sir / Madam,
In the absence of registration of the deal by payment of the prevailing Stamp duty by the purchaser and getting it transferred in his name in the record of the Tehsildar / Registrar, the property title still remains in the name of the seller. His son can legally disown the sale.
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