Can agreement to sell be cancelled if i have filed a false affidavit?


Is submitting a false affidavit to LNDO a ground for cancellation of the Agreement to Sell contract? My father entered into an Agreement to Sell a property in Delhi wherein the buyer had to submit an affidavit to the LNDO stating he / his family do not hold a property in Delhi NCR basis which the permission was granted by LNDO.

 

We did not honor the Sale Agreement as we came to know that the person has many properties in Delhi and sought cancellation on grounds of false affidavit.

 

Can we get some citations / case laws to support our case?

 

Answer

 

As the affidavit is a mandatory requirement for the sale of property in Delhi - NCR as per the Policy, therefore in case of a false affidavit, the deal is liable to be cancelled. 

 

In the case of Shri Sanjay Mishra Vs. Shri Ashwani Kumar Gandhi and Anr.[IA No. 11698 /2002 in CS(SO) No. 1292/2002; Decided On: 02.05.2006] The Court had held that as the defendant had obtained rights over the property from the Land and Development Office, by fraud and forgery (by giving a false affidavit), the said sale could not be said to be valid and hence the Defendant could not create any third party interest in the said property.

 

Further as per the Indian Penal Code, giving of a false affidavit is an offence under Section 191 and the punishment for the same is prescribed in Section 193. Section 463 and 464 also talk about the offence of forgery and making of false document and the punishment of the same is prescribed in Section 465 and 466.

 


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