Legal Question in Civil Litigation in India

PROPERTY ACQUIRED THROGH CHEATING AND THREATENING:
The Sale (house property) executed in October 2008 with cash transaction in Chennai. The seller is the mother and the buyer is the elder son. However no proofs for cash transaction occurred as mentioned in the sale deed.
 It�s a self earned property.
 In the year 2000 a will registered by the mother to equally distribute the assets between her two sons after her demise.
 With in 2 days from the sale date she fell in sick and hospitalized. However no major ailments and all medical tests were positive. No need for a sale of property under this health situation.
 As a witness, the elder Son�s father in law signed in the sale deed.
 However, all of them staying the mentioned property for last 22 years.
 Her name doesn�t change in the electricity card, Ration card, Voter ID & Bank records
 She is a widow mother aged 59 with medical ailments.
Now the mother realized and wants to fight back legally. After consulting with a local lawyer, she is about to go for �Cancellation of Sale Deed� in the registrar office unilaterally with the allegation that the buyer (elder son) had cheated and threatened at the time of registration.
Both the parties staying in the same property, for the last 22 years. When checked with the registrar office the official told that it cannot be done unilaterally. It can be done through police complaint.
-Can the mother go ahead with the cancellation of sale deed?
-If yes what could the professional steps?
-Do I need to pay heavy amount for cancellation in the registered office or at the court?

Asked on 3/22/10, 3:44 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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she needs to set out specific grounds for cancellation of sale deed. what are those grounds.

Answered on 3/23/10, 1:52 am

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