Legal Question in Real Estate Law in India
Cancellation of sale deed
My father,s brother sold a Land of 2 H 57 R to ABC. They have mentioned land of 2 h 57 R instead of 2 H 20 R (excess by 37 R. and also they have mentiioned wrong bondries in the sale Deed.and also get wrong permission from resettlement office. In this case can we file the suit for cancellation. Please advise us on what ground and can we will sucess. Please advise me in this matter by giving any authourity of Supreem Court. for the cancellaiton os sale under groung of Wrong Bondries and Demarcation in sale deed
6 Answers from Attorneys
Re: Cancellation of sale deed
You don't need to cancel the Sale Deed. It is enough if you get a Coorection Deed registered and obtain required govt. records afresh.
Re: Cancellation of sale deed
Sale Deed is required to be cancelled only if it is executed on the basis of fraud. Where it is executed with errors, it does not need to be cancelled but rectified and in this regard, a Rectification Deed is required to be executed.
Re: Cancellation of sale deed
He has a right to sell his land; you may challenge the sale deed if any of your rights are affected.
Re: Cancellation of sale deed
Hello.
File a suit for cancellation of the sale deed.
Re: Cancellation of sale deed
yes, u may file a suit for cancellation of sale deed as no one is allowed to sell what he doesnt own.
Re: Cancellation of sale deed
Incorrect description may not render the sale deed void.
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