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Abhishek (Advocate)     27 November 2009

Cancellation of Assigment Deed

Dear All,


Please let me know whther an Assigment Deed once executed and registered can be cancelled, if yes what is the law course for cancelling it.....


Please do the needful to me.....




 2 Replies

Murtaza Chherawala (Proprietor)     28 November 2009

A Deed of Assignment cannot be cancelled, since it is a conclusive conveyance of the property in favour of another. In Maharashtra the Sub-registrar offices do not even accept a Deed of Cancellation of a Deed of Assignment or a Sale Deed. There has to be a re-conveyance of the property with payment of Stamp Duty. A Gift Deed stands on the same platform.

The only option for cancellation would be to approach the Courts with a declaratory suit declaring the cancellation of the Deed of Assignment.

However, an Agreement can be cancelled.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 December 2009

The opinion of Murtja is accurate.

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