Cancellation of Encumbrances made on property
Balaji Bakthavathsal
(Querist) 11 April 2011
This query is : Resolved
Respected Learned Advocates,
A civil suit was filed in the sessions court for cancelling the encumbrances created on our property by some fraudulent persons. Four of the respondents did not did not appear in the court or submit any written statement to the court against the plaint submitted by me except the Registrar and sub-registrar who were also involved as respondents. The four respondents have been declared ex-parte. Under this situation, can the court direct the registering officials to cancel the encumbrances based on the documents submitted by me in support of ownership of my property ?
Thanks & Regards
Balaji
Sri Vijayan.A
(Expert) 13 April 2011
you have to ask registering officer to cancel the entry quoting/ enclosing the order of the court.
The registrar may cancel or make another entry stating that the "so&so" registration has been cancelled vide this order.
Both shall be available/ reflected in EC
Balaji Bakthavathsal
(Querist) 13 April 2011
Dear Mr. Vijayan, Thanks for your advice. The point is that the registering officer will not cancell the encumbrances on his own or at the behest of any individual unless otherwise the court directs him to do so. My question is whether the abesnce of the respondents is enough to seek the court's order to clear the encumbrance or any other procedure is there ?
Thanks & Regards
Balaji
