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Cancellation of registered sale Agreement
21-Aug-2023 (In Property Law)
I recently purchased a property in chennai. The property was bought in a bank auction and sold to a different person who in turn sold it to me. The property was lying vacant form 2005. Through a mistake by the sub registrar office, an agreement registered in 2006 was not reflected in any of the encumbrance certificates and passed legal scrutiny. Now when i started construction in the plot, the buyer of the agreement approached me and showed that he has registered an agreement and upon taking it up with the SRO, we came to know of the mistake. Now we are in mutual understanding and went to cancel the agreement, but is it possible to do so without the original seller?...what should i do?
When did you purchase the plot? The person holding an agreement of purchase cannot enforce it now, as it would have expired in the normal course. If he had paid the entire sale consideration, why was the property not registered in his name? If it was a sale deed duly registered before the one done in your favour, that sale takes precedence. That sale deed cannot be cancelled without the express consent of the original seller.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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