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Nalin (Student)     09 February 2011

Cancellation Deed

Respected sir(s),

A sale deed was executed between 2 parties but was never registered. The content of the deed are such that registration is mandatory under the provision of Sec. 17 of the Registration Act. Now one of the parties does not want to go forward with the sale. Can he formulate such a deed of cancellation for the sale deed and does this cancellation deed have to be registered? Also please mention relevant provision/case law if you can.


Thank you.


 2 Replies

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     09 February 2011

Dear friend, refer Tansfer of Property Act,  As per this act, if any value of the Immoveble property is more than Rs.100/=, that must be registered

Nalin (Student)     09 February 2011


the Transfer of Property Act referes to mortgage and sale deeds which need to be registered if the value of the property is Rs. 100 or more. However, it no where mentions anything about cancellation of a sale deed. Even though such a sale deed would be invalid and incapable of affecting any title or claim to the property (Sec. 49 of the Registration Act), it is not totally worthless and under the proviso to Sec. 49, such an agreement can be produced for evidence in case of specific performance. Hence, can a deed of cancellation be made for such a sale deed (by one of the parties) and does it require registration?

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