Cancellation of registered conveyance deed - legal formalities
Mehta
(Querist) 03 May 2017
This query is : Resolved
Whether Deed of Cancellation prepared to cancel the original Conveyance Deed executed in 1989 and registered with sub-registrar-Mumbai,Maharashtra in 1995. Both the parties are relatives.
(i) can be treated as valid & legal ?
(ii) stamp duty & registration fee payable ?
Kishor Mehta
(Expert) 04 May 2017
Sir,
A registered deed of Conveyance can not be cancelled by a deed of cancellation.
A Re-conveyance deed has to be registered for the property.
Suitable Stamp duties and registration charges are applicable at all stages.
Good Luck,
Kishor Mehta
Mehta
(Querist) 24 May 2017
Cancellation deed attracts the stamp duty as per section 17 of Indian Stamp Act, that is stamp duty is payable only if it is attested by witness.
A cancellation deed, which is not attested, attracts stamp duty as per agreement.
I would be obliged to receive the expert's opinion on this with more explanation
Thanks
Guest
(Expert) 24 May 2017
You have not stated, whether all the executants/ claimants of the sale deed have the consent to cancel the deed.
The question is not whether both the parties are relatives or not, the question is whether the cancellation of sale deed is sought on mutual consent of all the executants of the sale deed concerned.
Validity, legality, and stamp duty are secondary to the consent of the concerned parties.
Mehta
(Querist) 24 May 2017
Yes Sir, both the parties mutually consent to cancel the deed.
Mehta
(Querist) 23 September 2017
We had applied to adj stamp collector for estimation of stamp duty for above stated Cancellation Deed. To our surprise we got the quote of Stamp duty payable of Rs.13,700.00 & penalty of Rs. 54,800.00. Please advise.
Kishor Mehta
(Expert) 23 September 2017
It will be in the best of your interests to consult an eminent advocate conversant with the matters of transfers of immovable assets, please understand that a conveyance deed properly executed and duly stamped CAN NOT BE CANCELLED WITH A CANCELLATION DEED. The parties may be relatives or not.
Guest
(Expert) 24 September 2017
Being a legal analyst, as per my observation, contrary to the belief and frequent recommendation of one fake expert Mr. Kumar Doab, the expert, who expressed his negative opinion on cancellation of sale deed, seems to have admitted himself that he is not fully conversant with the property laws, more so, when he himself recommends to consult an eminent advocate conversant with the matters of transfer of immovable assets.
I differ with the views of Mr. Kishore Mehta..
Guest
(Expert) 24 September 2017
So far as cancellation of sale deed is concerned, I fully endorse the views of Mr. Jigyasu. Cancellation not being unilateral, if is with due consent of both the executing parties of the sale deed, as already confirmed by the querist, would be quite valid and legal.
Mehta
(Querist) 24 September 2017
@ Expert Dhingraji, thanks for your valuable opinion, would you please advise on stamp duty & penalty quoted in adj order is as per law, if not then what I can do to waive them.
Guest
(Expert) 24 September 2017
Stamp duty differs from state to state. You may better check with the Sub-registrar office or any lawyer dealing with that office.
However, the stamp duty for cancellation can be nominal, as stamp duty for original registration is already supposed to be paid in full.
Mehta
(Querist) 22 February 2018
Conveyance deed along with Deed of confirmation lodge for registration in May 1995 is pending and not yet registered. Can I withdraw the unregistered documents ? Please advise.
