File suit to set aside sale deed of 2019
2) disposal depends upon pendency of cases
3) E would not have clear and marketable title to property
Sale deed
Letters mentioned here as A ,B, C, D and E represent persons mentioned for the ease of understanding. Seller XYZ sold a property to A,B,C, and D in year 1996. A,B,C and D being the co owners with equal rights on property. In year 2006 owner A and B gave registered GPOA (General Power of attorney ) to C for working on behalf of them. Owner A gave a legal notice of cancellation of POA to C in year 2011. Owner (A) transferred the property to his sister (E) as registered gift deed in year 2015. Same changes were made on 7/12 property card in 2017. Since 2017 owner on 7/12 property card are E, B, C and D In 2016 "C" used the POA to make a registered agreement of sale using a forged unregistered Agreement of sale he made in the year 2001 with forged signatures. In June 2019 "C" transferred the property rights of A and B to himself registering a Sale deed document using the cancelled POA and Registered agreement of sale of 2016 , attaching old 7/12 property card having Owners A,B,C and D , whereas the current owners being E, B, C and D. Latter in 2020, the combined 7/12 property card was separated in 3 parts through pott-hissa from land records department. Now Owner "E" has own separated 7/12. My queries: 1) Should owner E file a civil suit to cancel the illegal document which was registered by "C" in 2019( "C"passed away in 2020)? Reason to ask is because One senior lawyer is asking to go for cancellation, other senior lawyer is of the opinion that there is no need at all. 2) What time frame it takes to cancel the document? 2) What consequence "E" will have to face in future if its not cancelled?
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
1. Yes
2. Depends on suit and court.
3. You need to appeal else the document will turn finality
- As per law , after purchasing the property , A to D become the owner of the joint property equally and they were having their respective right to sell the property to anyone and to execute POA as well.
- Further after the cancellation of POA , further C has lost its authority to deal with the said property share of A & B.
- However, A was having his right to transfer his share to his sister E legally but not without getting the consent of B to D , if the property was not divided and marked .
- Further , as C was not having any right to deal with the others share in the property , then the transition done by him against the law , and a compliant can be filed by others for forging their signature .
1. Yes
2. Depend upon the burden of the court
3. Nothing will face.
The aggrieved party can file a suit for cancellation and possession of the property if he or she is not having possession.
For cancelling the document one should approach court with a suit for cancellation, it would take at least two to three years.
E cannot sell the property.
Dear client,
1) E can do that
2) cancellation of a document is usually preferred to be done in 3 months but if you approach through a case then different.
3) IF E can show forgery in the court then her rights will be restored or else E will lose the land.
Thank you
