Cancellation of registration sale agreement

Dear Client,
Your query lacks information and transparency to address it properly. The terms and conditions of a Sale agreement is crucial that governs the relationship of both the Seller and the Buyer and any breach of terms of ATS by either party attracts civil suit for specific performance. Even, an unregistered agreement to sell signed by parties voluntarily and counter-signed by witnesses even in plain paper can still be used as evidence for collateral purposes as per the proviso mentioned under Section 49 of the Registration Act of 1908. But your query does not focus whether any agreement to sale was executed and registered between the parties and the purpose for execution and registration of a Power of Attorney in favour of Buyer who is now non-responsive to your calls. However, be informed that any registered deed or document can be challenged before a competent Court if it was obtained through fraud or misrepresentation or undue influences by filing a civil suit before the competent Civil Court seeking cancellation of the said documents. The burden of proof lies on the person who challenges the documents. Under Article 59 of the Limitation Act, 1963, a suit to challenge a registered document, including an agreement to sale or power of attorney, must be filed within three years from the date the plaintiff gains knowledge of the fact behind the execution or registration of a document or the transaction. Hence, it is recommended to consult with an Advocate specialising in property law to understand your rights and remedies to navigate the issue in the right way.

Dear Client,
Your query lacks information and transparency to address it properly. The terms and conditions of a Sale agreement is crucial that governs the relationship of both the Seller and the Buyer and any breach of terms of ATS by either party attracts civil suit for specific performance. Even, an unregistered agreement to sell signed by parties voluntarily and counter-signed by witnesses even in plain paper can still be used as evidence for collateral purposes as per the proviso mentioned under Section 49 of the Registration Act of 1908. But your query does not focus whether any agreement to sale was executed and registered between the parties and the purpose for execution and registration of a Power of Attorney in favour of Buyer who is now non-responsive to your calls. However, be informed that any registered deed or document can be challenged before a competent Court if it was obtained through fraud or misrepresentation or undue influences by filing a civil suit before the competent Civil Court seeking cancellation of the said documents. The burden of proof lies on the person who challenges the documents. Under Article 59 of the Limitation Act, 1963, a suit to challenge a registered document, including an agreement to sale or power of attorney, must be filed within three years from the date the plaintiff gains knowledge of the fact behind the execution or registration of a document or the transaction. Hence, it is recommended to consult with an Advocate specialising in property law to understand your rights and remedies to navigate the issue in the right way.