Cancellation of sale deed for non-payment of full consideration

Failure to pay part of the Sales Review is not the Value of the Sales Act and is not a valid ground for cancellation.

Dahiben / Arvindbhai Kalyanji Bhanusali (D) In ​​the case of Thr Lrs, the Apex Court, on July 9, 2020, decided not to invalidate the Registered Sale Act by failing to pay a portion of the sale fee. There is no reliable basis for its abolition. It is a fact that in the purchase and sale of an apartment, a check is issued as part of the sale during the execution of the act of sale, which is also mentioned in the act of sale. The seller said that he believed that his sales deed was conditional, that he was subject to the collection of these checks, and that if the inspection was not respected, the automatic sales document would be “invalid” and informative, but he believed it had a legal position was contrary to belief. The case was taken to several Supreme Courts and the Apex Court, and it was decided that in such cases the seller would have to go to civil court to recover his balance, while not being able to claim the sale illegally. Apply to the court to deal with the deed of sale referred to on this basis.

The brief facts of the case relate to the transfer of payments of Rs to Defendant No. 1 on farmland in Surat, Surat District, on February 7, 2009. 1,74,02,000 /-. Respondent No. 1-Recipient submitted 36 studies to Rs. 1.74.02.000 for payment of sales commission in favor of candidates identified in the sales document along with details. Defender No. 1 then sold the area to Defenders No. 2 and No. 3 dated April 1, 2013 at a retail price of Rs. 2,01,00,000 / -. The planner then asked the Chief Civil Judge to return to the Person the photograph of the original purchaser, Defendant No. 1, and the subsequent purchaser, the sale document dated 2 July 2009. -protection. He put on a civilian suit. Numbers 2 and 3. And as a result of the unpaid commission of sale, Defendant No. 1 proved that it was not illegal, invalid, invalid, and mandatory. The authors claimed that they were totally illiterate and could not read and write and had their positive idea posted on Vision Sale on 07.02.2009 without proper understanding of its content. According to the Prosecutor, the Sale Contract was obtained free of charge in full and Defendant #1 was paid only. 40,000 to 6 revisions, and the remaining 30 revisions for Rs.1,73,62,000 are “incorrect revisions”, which have not yet been paid. The representatives requested the renewal of membership of these lands. The defendants said the plaintiffs were barred and there was no reason for action to be reported in the complaint. The Superior Court of Gujarat upheld the court’s decision that the case was filed by the plaintiff.

The Apex Court Mountain includes the law applicable to the determination of the claim in accordance with Judgment VII of Article 11 CPC. The Court upheld the decision in Vidyadhar v. Manikrao (1999) 3 SCC 573 and Article 54 of the Transfer Act of 1882, the court held that the words “fee or contract or partial payment and partial contract” indicate that there is no actual payment of the full price at the time of completion of the Sale of sine quail sales to complete the sale. The court said:

‘In their complaint, the applicants closed the case if part of the consideration for the sale had not been paid and, on that basis, requested an exemption from the cancellation of the contract of sale.

Section 54 of the Assets Transfer Act 1882 provides: “54.”Sale” defined. – Sale: the transfer of ownership in exchange for a price paid or promised or partially paid and partially promised. The definition of “sale” indicates that the property should be transferred from one person to another, ie all rights and interests over the property owned by the transferor should be transferred to the transferee. The transferor may not retain any part of the interest or the right to the property, otherwise there would be no sale. The definition also indicates that the transfer of ownership must be made “for the price paid or promised, or for the part paid and partially promised”. Therefore, price is an essential element of a sales transaction. In Vidyadhar v. Manikrao & Anr (1999) 3 SCC 573 this court found that the words “price paid or promised or partially paid and partially promised” indicate that the actual payment of the full price at the time of the execution of the sales law is not necessarily necessary not to complete the sale. Even if the full price is not paid, but the document is later executed and recorded, the sale would be completed and the title would be transferred to the transferor in the transaction. Failure to pay a portion of the sale price does not affect the validity of the sale. If the title has already expired, the sale cannot be invalidated for this reason, even if the balance sheet value of the sale is not paid. To be a “seller”, the parties must transfer ownership of the property, with the agreement to pay the price in the past or in the future. The resolution must be obtained from the deliberations of the deed of sale, the actions of the parties and the recorded evidence. Given the law determined by this Court, there can be no reason to declare the deed of sale invalid, even if the average of the plaintiff is deemed to be true, that the entire sales consideration has not actually been paid. Applicants may have other remedies to recover the balance but may not receive any exemption from the annulment of the registered deed of sale. “

It is important to note that Vidyadhar v. Play the corresponding passage from the sentence. Manikrao & Anr (Supra), which is: “35. Even if the decision is filed by the Supreme Court, the planner is only Rs. 500 to a defendant or. 2 as compensation for sales and the remaining Rs. It was proved that 4,500 had been paid before the deed was executed without payment, the deed of sale would not be invalid for this purpose because section 54 of the Estate Act of the Transfer Act provides as follows:

“Sale” is the transfer of goods in exchange for a partially paid or hopeful or partially paid business. Such movement may be carried out only in the case of available movable property worth one hundred rupees and more or in the event of overturning or other intangible object. In an affordable building, when valued at less than one hundred rupees, such a transfer may be made by means of a registered instrument or by delivery of the property.