Cancellation deed

Prashant Taneja (Querist) 04 April 2025 This query is : Resolved
Sir, there were mistakes in my sale deed. To correct these mistakes a rectification deed was executed. There are some issues with the rectification deed due to which I want it to be cancelled. After negotiations the seller has agreed to execute a cancellation deed to cancel the rectification deed but the sub registrar seems confused. He says documents registered in Book 1 cannot be cancelled by cancellation deed. Can you give me the details and copy of a judgement of a case including the Exhibits presented (sale deeds/rectification deeds/cancellation deeds.......... etc.) where a cancellation deed to cancel a rectification deed was refused registration by sub registrar but court ordered it to be registered, so that I will be able to convince the sub registrar to register the cancellation deed. I am ready to pay for the service.

Follow Query

Report Abuse

Quick Summary

A user is seeking to cancel a rectification deed due to several errors and fraudulent execution. Initially, the sub-registrar refused registration, stating registered documents cannot be cancelled via a cancellation deed. However, after finding a High Court judgment supporting the registration of a 'cancellation deed of rectification deed', the sub-registrar agreed to register it, albeit with a modified approach. The user now needs advice on drafting a new rectification deed that includes a clause cancelling the previous one, addressing specific issues like share descriptions, property details, and fraudulent signing.

T. Kalaiselvan, Advocate (Expert) 05 April 2025
The sub registrar don't have power to cancel the registered deed
You may have to approach court with a suit for cancellation of the deed for desired relief.

Advocate Bhartesh goyal (Expert) 05 April 2025
Sub Registrar is right as he has no power to cancel the registered deed. Both the parties of document may rectify document by submitting rectified document. If you both wanted to get cancelled the document then file suit for cancellation of sale deed before civil court.

kavksatyanarayana (Expert) 05 April 2025
If the rectification deed executed by the seller has issues, what is the use of the sale deed if it has mistakes? So you and the seller have to cancel the sale deed, and the Sub Registrar will certainly do the registration. Still, he refuses to register, make a complaint to the District Registrar against the SR.

Dr. J C Vashista (Expert) 06 April 2025
Instead of getting the rectification deed cancelled by Civil Court, get a fresh rectification registered with concerned SR.

P. Venu (Expert) 13 April 2025
"There are some issues with the rectification deed due to which I want it to be cancelled"
What are the issues. If the property has duly changed hands, how come the records have more prominence than the act of conveyance of the property.
The query suggests deeper issues. Please post the complete facts.

Prashant Taneja (Querist) 30 April 2025
Thanks to all the hon'ble advocates here for giving your precious advice. Just a few days ago a friend gave me this Writ Petition no. 3638 of 2024, Sri K. Srinivasa Rao vs The State Of Telangana on 11 March, 2024 in which the High Court of Telangana gave the sub registrar order to register a 'cancellation deed of rectification deed' which was presented but refused registration (on other grounds). Why are such conflicting advice given by advocates. Are the rules for cancellation deeds different for different States. After showing this Writ Petition to the sub registrar of my district he has agreed to register the 'cancellation deed of rectification deed' but since there is no option of choosing cancellation deed in the Type of Deeds section of the online application portal he has asked me to draw up another rectification deed rectifying the mistakes and write the following lines in it: "For the Said Sale Deed a Rectification Deed was executed earlier and registered at No._________ which is hereby cancelled and this new Rectification Deed shall now form the part and parcel of the Said Sale Deed". Would such a rectification deed having a clause cancelling the previous deed be valid?. I want to get the Rectification Deed cancelled due to the following reasons:
1) The sale deed has defined shares of the two joint buyers and stamp duty was charged accordingly but the rectification deed has no mention of respective shares of the buyers.
2) The description of property in the rectification deed is incomplete. Some important points have been omitted, though the rectification deed was not executed to rectify the description of property. It was executed to rectify the additions of the parties.
3) The rectification deed was executed suspiciously away from our sight and the sight of the witnesses and was not at all attested. We and the witnesses were fraudulently made to sign the deed first, telling us they would get the deed signed by the Vendor's authorised signatory later on but he never came to sign the deed in front of us and the witnesses. We and the witnesses did not see him signing anywhere on the deed not even on the endorsements. I am in doubt regarding the genuineness of execution by him. Can this mistake be rectified?
4) The last page is a blank which was left unsigned by the Vendors authorised signatory. He also did not sign on the last page of the photocopy submitted to the sub registrar. So the blank went unattested. The sub registrar registered it without making a note in the register as required by section 20 of the registration act.
5) Some mistake in sale deed were discovered after the registration of the rectification deed so could not enter the rectification deed. I want these to be rectified also.
Please advise accordingly or if you can give me the draft of the new rectification deed as required by the sub registrar.

T. Kalaiselvan, Advocate (Expert) 30 April 2025
Since you have already consulted many advocates and also have raised a question that why advocates give conflicting advises, you may better proceed with the issue on the advice rendered by sub registrar.
You can engage the services of an advocate in the local to redraft the proposed rectification deed on the terms of chosen advocate.
Different advocates would interpret the law in the manner they understand the same, you canot question the veracity of the advocate giving an opinion against your desire especially in the forums like this where the advises are given at free of cost.

Dr. J C Vashista (Expert) 30 April 2025
Now you have enough ammunition for proceeding as suits your requirement.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries