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Can a registered sale deed be challenged in court? On what grounds?

Posted by jobseeker Krish Chandna | Approved
Answers (5)

Yes, a registered sale deed can be challenged in court, but only on specific legal grounds. Registration of a sale deed under the Registration Act, 1908 makes it a legally recognized document of transfer of ownership, but it does not make it immune from judicial scrutiny. A person aggrieved by the sale deed can file a suit in a civil court to declare the deed void, voidable, or fraudulent.

Grounds for Challenging a Registered Sale Deed:

1. Fraud or Misrepresentation:
If the sale deed was executed by misleading or deceiving the seller (e.g., misrepresentation of consideration, identity, or nature of the transaction), it can be challenged under Section 17 of the Indian Contract Act, 1872. Fraud vitiates consent and renders the deed voidable.

2. Coercion or Undue Influence:
If the seller was forced or pressurized to sign the sale deed against their will (Section 15 and 16 of the Contract Act), the deed can be declared voidable. This is especially relevant in cases involving vulnerable individuals like the elderly or illiterate.

3.Forgery or Impersonation:
If the signature or thumb impression on the deed is forged or someone impersonated the real owner, the deed becomes void ab initio. This can lead to criminal prosecution under the Indian Penal Code in addition to civil invalidation.

4.Lack of Proper Title:
If the person executing the sale deed was not the rightful owner or had no authority to sell the property (e.g., in cases of ancestral property without legal partition), the sale can be challenged.

5.No Consideration Paid:
A sale deed must be supported by consideration (payment). If the buyer never paid the amount or the payment details are fictitious, the transaction may be considered a sham or benami (under the Prohibition of Benami Property Transactions Act, 1988).

6.Mental Incapacity or Minority of Seller:
If the person executing the sale deed was of unsound mind or a minor at the time of execution, the sale deed is invalid as per Section 11 of the Indian Contract Act, which requires capacity to contract.

7.Violation of Law or Statute:
If the sale violates statutory provisions such as land ceiling laws, SC/ST land protection laws, or local tenancy rights, it can be voided by courts.

Landmark Judgments:

1.Prem Singh v. Birbal, (2006) 5 SCC 353:
The Supreme Court held that even a registered sale deed can be set aside if it is shown that it was obtained by fraud or coercion.

2.Ramesh Kumar v. Furu Ram, (2011) 8 SCC 613:
Held that registration alone does not prove valid execution and transfer; the substance and intent of the transaction must be genuine.

Although a registered sale deed carries legal weight, registration is not conclusive proof of validity. It can be challenged in a civil court within the limitation period (typically 3 years) from the date of knowledge of the alleged wrong, provided the challenger can substantiate one or more of the above grounds with proper evidence.

Answered by jobseeker Ritik Bhardwaj | Approved

Yes, a registered sale deed can be challenged in court. It can be challenged on various grounds, including fraud, misrepresentation, coercion, lack of free consent, non-payment of consideration, legal incompetency of either party, breach of contract, or title defects.

Answered by jobseeker Chanchal Bhati | Approved

Yes, a registered sale deed can be challenged in court on specific legal grounds. Common grounds include fraud, misrepresentation, undue influence, lack of free consent, forgery, impersonation, or if the seller had no legal title to transfer. It can also be challenged if mandatory legal procedures were not followed during execution or registration.

Answered by jobseeker Lavanya Bhardwaj | Approved

Yes, a registered sale deed can be challenged in court. It can be challenged on grounds such as fraud, coercion, forgery, lack of free consent, impersonation, or if the seller had no legal title. It may also be contested if the deed was executed by a minor or a person of unsound mind, or if legal formalities were not properly followed.

Answered by jobseeker Lavanya Bhardwaj | Approved

The registered sale deed is legal and valid until it is challenged in the court of competant jurisdiction.
It can be challenged on various grounds which is specified in the TRANSFER OF PROPERTY ACT and also in others act.
The general ground to contest the deed is coersion, fraud, sold by minor, sold by incompetent person, unsound mind etc.

Answered by jobseeker RUDRAPRATAP SINGH | Approved

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