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ravindra (Lead)     03 May 2010

Cancellation of sale deed

Dear Sir/Madam

I am ravindra from vizag. I need some help from you people. We have land property and few years back to was sold by some other persons without our knowledge. In the documents it was mentioned that it was sold by my father. But father was expired about 10 years back. Now the document has no value as I have all the necessary proofs. Now please tell me what is the procedure in order to get my name back in the docuemtn instead of third party name. Do registrar have right or have to approach court. Please let me know as it is very urgent.

Regards

Ravindra

 



Learning

 17 Replies

R.R. KRISHNAA (Legal Manager)     03 May 2010

If it is your father's self acquired property you can do nothing about it.

 

But if it is your ancestral property you can approach the civil court by way of suit for cancellation of the sale deed.

 

But first issue a legal notice.

A V Vishal (Advocate)     03 May 2010

Approach the SRO and apply for an Encumberance Certificate for the last 12 years, thereafter apply for a copy of the certified copy of the purported sale deed. The Registrar is incompetent to cancel the sale deed and it has to be done only through a court of law.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     03 May 2010

Whether the property is sold during the life time of your father?  if not then you can challenge it by filing suit for declaration and injunction against the purchaser.  You will have aver in the plaint that by forzing the signature of your father property is sold, you have to prove signature is forzed.

niranjan (civil practice)     03 May 2010

I agree with Mr. Rajooji.By the way, in whose possession the land is ?If not with you, alongwith declaration of title,do not forget to ask for possession.If the land is still in your father's name in the revenue record it will be supporting evidence and in that case file suit for declaration and injunction saying hat lossession is with you.

AEJAZ AHMED (Legal Consultant/Lawyer)     03 May 2010

 

THE SPECIFIC RELIEF ACT, 1963

 

Section 31: When cancellation may be ordered.-

 

1.                  Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

 

2.                  If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908 ), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

 

 

In one of the full bench Judgment of Allahabad H.C (Ram Padarath and Ors. v. Second Addl. D.J., Sultanpur and Ors) it is held as:

 

" Suit for cancellation a sale-deed or other instruments and documents are essentially suits of civil nature. Every suit of civil nature is cognizable by a civil court except cognizance of which is expressly or impliedly barred.

 

Section 31 of the Specific Relief Act makes specific provision for cancellation of void as well as voidable instrument. Suits for cancellation of such documents being of civil nature are cognizable by a civil court and even otherwise suits claiming relief provided under Specific Rebel Act are entertainable only by a civil court and no revenue court or any other court can entertain such a suit including for cancellation of an instrument or document.

 

Thus on who has reasonable apprehension that any instrument if left outstanding may cause him serious injury can approach a competent court of law to get it cancelled. Sub-section (2) of Section 31 casts a mandatory duty upon the court passing a decree to send a copy of the same to the registering officer, who is enjoined by law to make a note on the copy of such document regarding the orders of its cancellation passed by a particular court and after such an endorsement is made, the, document becomes legally ineffective and no benefit of the same can be derived by any one. If a certified copy of such a document is issued it would obviously contain the note regarding its cancellation by a court of law.

 

So far as voidable documents like those obtained by practicing coercion, fraud, misrepresentation, undue influence etc., are concerned, their legal effect cannot be put to an end without its cancellation. But a void document is not required to be cancelled necessarily. Its legal effect if any lean be put to an end without its cancellation. But a void document is not required to be cancelled necessarily. Its legal effect if any can be put to an end to by declaring it to be void and granting some other relief instead of canceling it.

 

 

In this case of void document said to have been executed by a plaintiff during his disability or by some one impersonating him or said to have been executed by his predecessor whom he succeeds, the relief of cancellation of the document is more appropriate relief for clearing the deck of title and burying deep any dispute or controversy on its basis in present or which may take place in future. The document after its cancellation would bear such an endorsement in Sub-Registrar's register and would be the basis for correction of any paper and revenue record including record of register. Section 31 of the Specific Relief Act itself prescribes as to who can seek relief of cancellation. A third person cannot fide a suit for cancellation of a void document. If in fact no decree for cancellation was needed and real and effective relief could be granted by the Revenue Court only, the Civil Court decree would even then be valid and not void if no objection to the same was taken before the trial Court. If such an objection was taken before the trial Court before framing of issues and objection continued to be taken before appellate and revisional Court and there has been failure of justice because of change of forum then the Civil Court decree could be said to be without jurisdiction."

 

But, in few matter the Apex Court decision is to approach the "Revenue Authority" for "cancellation of Sale Deed"

Kindly go through the following attached Judgments


Attached File : 48 48 cancelation of sale deed.rar downloaded: 1562 times
2 Like

ravindra (Lead)     04 May 2010

The site was on my father's name. He died in 1998. But the property was sold in 2006 and in that document there was other person photo but the name is my father. I have death certificate and legal heir certificate. I want to change the name in EC as well in the document.
 

ravindra (Lead)     04 May 2010

The site was on my father's name. He died in 1998. But the property was sold in 2006 and in that document there was other person photo but the name is my father. The SP of my district has filed a criminal case against all the people who involved in this. I have death certificate and legal heir certificate and original deed. I want to change the name in EC as well in the document. Please let me know the procedure

acsreddy (advocate)     04 May 2010

i agree with my learned friend niranjan

gayathri (student)     06 May 2010

What would happen if persons who were required to be consenting witnesses or confirming parties to a sale deed, sign only as witnesses. would the sale deed be valid even then?

Ashok Yadav (Lawyer)     06 May 2010

You should lodge a FIR in concern police station aginst the person who has purchased the land and at the same time go to file a suit for cancelletion of the alleged sale deed.

Pragnya (Editor)     13 August 2010

Originally posted by :A V Vishal
"
Approach the SRO and apply for an Encumberance Certificate for the last 12 years, thereafter apply for a copy of the certified copy of the purported sale deed. The Registrar is incompetent to cancel the sale deed and it has to be done only through a court of law.
"

Dear Mr Ahmed I am unable to access the attachment could u pls upload a word doc .

K S Narayana Rao (District Registrar)     04 April 2011

Originally posted by :ravindra
"
The site was on my father's name. He died in 1998. But the property was sold in 2006 and in that document there was other person photo but the name is my father. I have death certificate and legal heir certificate. I want to change the name in EC as well in the document.
 
"

My Dear friend It is imporcenation and frood hence report the fact to the Sub registrar and District registrar to file a case and request to cancell the deed.

Ram Narayanan (none)     16 November 2011

Dear Mr.Kaku:

Your crisp answer to  Mr.Ravindra's question is interesting.

There is a situation where:

1. A family transfer deed is fraudulently executed by impersonation (Using the name of the owner      exactly but with the photo of the imposter, like in Ravindra case).

My question is :

1. Is the District Registrar empowered to  order cancellation of the deed and removal of the encumberance?

2. Is the District Registarar is playing the role as a judiciary? There is no need for the victim of farud to go to a court to really get his property back?

3. What is the role of the IG Registration in this case? Is he a party to this deed cancellation process ?

4. Does RA 1908 vest judicial powers to the IGR / District Registrar to resolve the case toitally within the Registration Department ?
 Regards

I.S.Roy,Advocate (Advocate)     16 November 2011

Dear Ravindra,

                 First off all immedaiately you should file a suit for decalaration by cahllanging such trtansaction and canceelation of the document with the limitation which at last from the date of knowledge . Otherwise, you can not get proepr relief . Is any further advise required please contact at isroyjury@yahoo.co.in

with regrds

I.S.Roy,Advocate

Vizag


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