Cancellation of deed

Prashant Taneja (Querist) 02 October 2024 This query is : Resolved
Sir, a Rectification Deed was executed to correct mistakes in a my Sale Deed. Can such a Rectification Deed be cancelled by a Cancellation Deed (executed bilaterally by both the parties). Does law permit registration of such a Cancellation Deed.

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A Rectification Deed, used to correct errors in a Sale Deed, can indeed be cancelled. Both parties involved in the original Rectification Deed must jointly execute a new Cancellation Deed for this purpose. While a Sub-Registrar cannot unilaterally cancel a registered document, they are generally required to register a Cancellation Deed if it's jointly executed by all original parties. Legal action in civil court might be necessary if parties cannot agree.

kavksatyanarayana (Expert) 02 October 2024
Yes. Both the parties of the rectification deed can execute a cancellation of such deed and as per the registration act, it will be registered.

T. Kalaiselvan, Advocate (Expert) 02 October 2024
The parties to the rectification deed can execute a cancellation deed jointly to cancel the rectification deed.

Advocate Bhartesh goyal (Expert) 03 October 2024
No, Sub Registrar has no power to cancel a registered document (deed) including rectification deed, party to document has to file suit for cancellation of deed before civil court.

kavksatyanarayana (Expert) 04 October 2024
The seller and buyer can execute a cancellation deed and the Sub Registrar shall register the document. Either the buyer or the seller singly execute the cancellation deed, then the Sub Registrar cannot register the deed.

T. Kalaiselvan, Advocate (Expert) 06 October 2024
No doubt that the sub registrar has no powers to cancel the registered document but he cannot refuse to register the cancellation deed cancelling the original deed if executed jointly by both the buyer and the vendor.

P. Venu (Expert) 22 October 2024
Why the rectification deed needs to be cancelled?

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