Property is sold by A to B (not related to each other) who receives sale consideration in form of cheque X dated xx. xx. 2005 from A. B gives SPA to his son C who sells the property to his son D and shows same sale consideration in form of cheque X dated xx. xx. 2005 from D. Is the last sale deed/registration of property valid? Please advise.
Dear Client, As per your query, no new consideration appears to have been made from D to C, as because the same cheque has been used. It is important to consider that, GPA or SPA sales without actual sale consideration or registered sale deeds are invalid in the eyes of law as held in the landmark judgement of Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana (Special Leave Petition (C) No. 13917 of 2009). Therefore, based on facts presented the sale deed seems invalid as the sale recitals are contains false information. Hope this answers your query.
Dear Sir, The second sale transaction is invalid and also invites Criminal Action since the recitals of sale deed contains wrong details of payment.
