Civil Procedure Code (CPC)

cancellation of property

This query is : Resolved 

07 January 2010

can i know if mother can cancell the property once registered to his childrens, if she is not satisfied with his childrens, she can cancell teh registered property to her , whether she can give application to the district collector to cancell because collector is also district magistrate, so whether he can cancell the property registration and give back to the mother

A V VishalOnline (Expert)
07 January 2010

Your query is incomplete. Please tell how did the lady transfer her property in her chidren's name viz did she gift it or any other mode of transfer has taken place. The district collector is incompetent to cancel the registration and does not hold such powers to cancel a registered deed.

Raj Kumar MakkadOnline (Expert)
07 January 2010

No. Once it is transferred either of the ways viz. court decree, gift-deed or sale deed, mother loses her rights in the property and such property duly vests in the children so there is no scope to cancel it by collector or by mother either way.

B K Raghavendra RaoOnline (Expert)
07 January 2010

Transfer of property effected by means of a registered instrument can be canceled only by a court decree that too for sufficient reasons and if the court comes to the conclusion that the transfer of property calls for cancellation. When the document is properly executed, it is almost impossible to cancel the deed of transfer. The District Collector is only an executive head of the District and cannot perform the functions of a civil judiciary unless otherwise vested with such powers.

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