Yes, a sale deed can be challenged in India under certain circumstances. A sale deed is a legal document that formalizes the transfer of property from one party to another. However, it can be challenged in court if there are valid grounds.
Can a Registered Sale Deed be Challenged?
The sale deed can be challenged on the following grounds:
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Forgery or Fraud
If the sale deed has been forged or executed through fraud, it can be contested. The situations where signatures are forged or the sale was made without the consent of the rightful owner are considered as fraud and forgery.
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Lack of Proper Execution
If the sale deed isn’t executed in compliance with the legal formalities, such as the absence of witnesses, failure to register the document, or improper stamping, it can be challenged.
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Misrepresentation or Concealment of Facts
If the seller misrepresented the property's condition, ownership, or other material facts, the buyer may challenge the deed.
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Duress or Undue Influence
If the sale was made under duress, coercion, or undue influence, the affected party can challenge the deed in court.
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Ownership Dispute
If the seller did not have a clear title or ownership of the property, or if the property was subject to existing claims or encumbrances, the sale deed can be contested.
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Non-payment of Consideration
If the agreed-upon payment for the property was not made, the sale deed can be challenged.
A challenge to a sale deed is typically done through a civil suit in the appropriate court, and the process can take time. Legal advice and proper documentation are crucial for successfully contesting a sale deed.
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Wondering can sale deed be challenged? A sale deed can be challenged under specific circumstances. Here are some scenarios where a sale deed may be contested:
Legal Heirs’ Rights:
Legal heirs have the right to challenge a sale deed made by the deceased if they believe it was done fraudulently or without their consent.
Grounds for challenge include forgery, fraud, undue influence, or coercion.
Other Grounds for Challenge:
Lack of legal capacity by the grantor (e.g., severe dementia).
The grantor did not have the legal right to convey the property.
The deed failed to accurately describe the property.
The deed was forged or induced by fraud, misrepresentation, or coercion.
I hope this answers your query of can a registered sale deed be challenged.
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Can a Registered Sale deed be Cancelled?
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Yes, a sale deed can be challenged. However, to challenge a sale deed, you need reasonable grounds. Some reasonable grounds would be:
Failure in transfer of money in the seller’s account.
Disputes involved in properties.
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Authors Of The Question
Can Sale Deed be Challenged?
Shefali
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3 Answers
2 Year
2022-12-07T10:56:05+00:00 2024-11-29T14:32:04+00:00Comment
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