Legal Question in Civil Litigation in India
a deed of sale exeucuted by a fake power fo attorney holder and the said matter subsequently intimated to the real vondors, now the vendors are demanding to cancell the sale deed executed fake person. Pl confirm the procedure for cancellation of sale deed on behalf of buyer. I am purchaser of alleged fake deed.
1 Answer from Attorneys
You can file a suit for declaration in the civil court for declaring the sale deed as null and void on the ground of it having been executed by vendor by exercising cheating and fraud. As per Article 59 of Limitation Act 1963, the limitation for filing such suit is 3 years from the date when you come to know of the cheating.
Alongwith declaration, you should also demand recovery of damages covering the amount paid by you as well as increase in the price of the property.
In addition, you can also file a complant of cheating and fraud agaisnt the seller in the local police / Magistrate court.
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