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Court Cancel Deed

(Querist) 05 February 2009 This query is : Resolved 
If Court Cancel a Sale deed , what is the procicure taken in Sub Registrar office.
Such deed Can execute by Court or by The person whom owner of the property
PALNITKAR V.V. (Expert) 05 February 2009
Please narrate facts in detail so that proper reply can be given.
sanjeev murthy desai (Expert) 05 February 2009
Dear Ram,

Decree holder should be registered the such decree in Sub-Registrar office. It is mandatary of Sub registrar registering the documents under the provision of 17 (2) (Vi) of Registration Act, 1908.

sanjeev desai
PALNITKAR V.V. (Expert) 05 February 2009
I think Mr. Ram is not clear on he wants to ask. What Mr. Desai has replied is one part. Mr. Ram perhaps wants to ask what is the procedure for execution and registration of the sale deed if the court has allowed the sale deed to be executed in favour of decree holder after cancellation of some different sale deed which was challenged.
ram (Querist) 05 February 2009
Sir My Quary is that property owner has sold same property to two differnet persons and the 2nd party like to cancel doct. It is possible the owner of property has executed doct in sub registarar office to cancel doct or want to proceed via court to cancel the doct. if Judgement comes to cancel doct and order send to concern sub registrar to cancel doct who execute doct if it send by regd post what action taken by sub registrar as well as by the party concerned
M. PIRAVI PERUMAL (Expert) 05 February 2009
Sir, The right form is when you file a suit before the Court of Law to declare a sale deed as null and void, non-est and inoperative, you must add the Sub-Registrar as a party and your subsequent pray would be a mandatory injunction directing the Sub-Registrar to delete/remove the entry of sale deed made in his register/records. Only when mandatory injunction is granted by Court of Law to the concerned registry to delete/remove the sale from his records, the Sub-Registrar will delete it. The registrar will not cancel/delete the sale entry in his records just because you hold a decree cancelling the sale deed from the Court of Law.
sanjeev murthy desai (Expert) 05 February 2009
Dear Piravi,

Section 86 of registration act -registering officer not liable for thing bonafide done or refused in his official capacity.

If the the Court is ordered mandatory injunction directing as the Sub-Registrar to delete/remove/modify the entry of sale deed made in his register/records. Can he do this? because the Registration Act does not provide any authoiry like remove/delete/modify any registry which is earlier entered in the index of registers. Under the said act sub-registrar has the only right to register the decree of Court. what the legal status of sub-registrar?




sanjeev desai


sanjeev murthy desai (Expert) 06 February 2009
a
M. PIRAVI PERUMAL (Expert) 06 February 2009
Dear Mr. Sanjeev, I handled a similar case just recently and got a favourable decree and judgement.
I appeared for the plaintiff. The case of the plaintiff is that she had executed a registered power deed in favour of one Mr. X. Subsequently, the power granted in favour of Mr. X was cancelled. Later after cancellation of the power deed executed in favour of Mr. X. Mr. X fraudulently executed a registered sale deed in favour of his wife Mrs. Y. I have filed the suit for declaring the sale deed executed by Mrr. X in favour of Y, subsequent to cancellation of power deed as non-est, in-operative, null and void, subsequently I also sought mandatory injunction to direct the defendant-sub-registrar to remove/delete/strike down the sale deed in his registries. Subsequently I filed execution petition upon which the entry relating to sale deed has been deleted/striked off by the Sub-Registrar.
I have relied on the citation of the Hon'ble High Court, Madras in this regard and got decree and judgement in my favour. I will provide you the citations and you may please go through it and we can exhange and share our views.
sanjeev murthy desai (Expert) 06 February 2009
Thank You Mr. Piravi
Ashey (Expert) 09 April 2009
Mr. Piravi can you please post the judgment here ?


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