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Property »Posted 21 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

SALE DEED CANCELLATION


SALE DEED CANCELLATION   My father sell his land to me.He got a little bit psychiatric problem.Now my brother is challenging me he will make it cancelled by approaching court.My brother alreadY take land from my father as gift deed earlier and my father executed will infavour of him earlier.I have to go abroad and since my father can influenced easily by anybody i am doubting whether he can file case like threatening to sign the deed etc.Give me the legal advices and possible precautions i am supposed to take before i go abroad.


   dear sir,
if you get it registered then no problem provided all title chain is clear. then your brother may challenge it but it will not be possible to cancell. also better you give attorney to your lawyer to handle the issue in your absence.
kusum gupta advocate
0
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   If it was your father's self acquired property and if a registered sale Deed is executed in your favour your father or even mother can not do anything. Any influence on your father can not nullify Sale Deed in your favour. Do not give POA to anybody before going to abroad.Will executed earlier will not help your mother as will comes into operation after the death of your father. This property will be deemed to have been excluded from will.
R.V.DAGLI
Advocate
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   If your father has transferable right over the land and has sold by registered deed to you then you should not worry. Regarding your brother's influencing your father to cancel the sale deed, I want to say once a deed is duly registered it is not child's play to cancel it. If your brothers claim your father's mental inability to execute the sale deed then you can also plead your father's mental inability to execute gift deed and WILL in favour of brothers. My suggestion is that don't worry be happy, if you want to go abroad then go happily by filing a caveat before the principal civil court engaging a lawyer of your local court. Your lawyer can represent you in civil cases in your absence.

Pronoy Kumar Ghose
Advocate, Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   If Gift Deed of the same land was executed by your father in favour of Y edarlier than your sale deed. your father cannot sell the same land to you and so your brother Y can file suit against you for cancellation of your sale deed.So far your father is alive,will has no meaning.
Lawyer Id: E00001736    Talk to this Lawyer                          Click here for free legal advice


   Yes your brother or your father can file a suit for cancellation of the sale deed on account of fraud, misrepresentation or using force at the time of executing the document. However it be noted However in said sale deed if the consideration is mentioned in it and you are able to prove by leading the evidence in court then the said sale deed would not be cancelled by court. However if in the said proceedings if you fail to establish that the consideration was not passed on as mentioned in the sale deed and further your father supports the claim of your brother then there is every possibility that the court may cancel the sale deed . It shall be proper in such situation to file a counter claim for cancellation of the gift deed executed in favour of your brother by your father. This is about the legal position. However it is advisable to try to arrange a meeting with your brother and explain him that in case he challenges the sale deed then you will have no other alternative than to challange the gift deed and see to it that the matter is amicably settled and you may
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice


   get the property registered and u can do one more thing take ur father with u
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

There are no restrictions on a person to dispose off his self acquired property as per his/ her own wish.
the family members can not compel such a person for shares in the self acquired property.

Nobody can either compel a person to dispose of his self-acquired property, nor any person can put any restriction on his wish to sell the property.
Further more, nobody (whether wife, son, daughter, son-in-law, daughter-in-law etc.) can claim any share in the sale proceeds, since it is the person's personal property.

Yours:-
Randhir Kumar
Advocate-on-Record
High Court,Patna
Cont.-+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   he can challenged his selling the land under the ground of unsoundness of mind. you can also chalolenge his gift under the same ground.Persons of unsound mind
Section 12 says that a person is of sound mind for the purpose of contracting if at the time of contracting, he is capable of understanding the contract and capable of making a rational judgement as to the effects of the contract upon his interests. A person who is usually of sound mind but sometimes of unsound mind may not make a contract when he is of unsound mind, while a person who is usually of unsound mind but sometime of sound mind may make a contract when he is of sound mind. Thus, a person, who is too drunk, or who is temporarily delirious due to sickness such as high fever, may not make a contract at that time. A patient in a lunatic asylum, who is at intervals of sound mind may make a contract when he is of sound mind.
In India, a contract done by a person of unsound mind is absolutely void ab initio.
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