Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vel Murugan (-)     11 September 2010

Cancellation of sale deed

Dear Members,

Is there any possibility to cancel a sale deed executed and registered based on mutual consent? Both the parties are willing to cancel the agreement whereas the seller wants the property back and the buyer agrees. The deed was registered during 2006. If so, what is the procedure to cancel sale deed? 



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 7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2010

THERE ARE TWO CONFLICT VIEWS IN CANCELLATION -1) ANY REGISTRED  AUTHORITY CAN CANCEL THE SAME BY MUTUAL CONSENT OF VENDOR & VENDEE  AND REGISTREDS CANCELLATION DEED..

2) AS PER S.C GUIDE LINES ONLY COMPETENT COURT ONLY CAN CANCELS THE DOCUMENTS.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 September 2010

Sri Vijayan.A (Legal Consultant)     11 September 2010

Dear Vel Murugan,

From ur name, i infer that u r from TN. In TN, there is no problem to cancel the sale deed, if both the parties sign and execute the cancellation deed.

It can be and have to be registered in the registrar office.

It shall be registered in the Book-I of the SRO and shall be reflected in Encumbrance certificate.

Vinoba (Advocate)     13 September 2010

Yes, I fully endorse what Mr. Sri Vijayan has expressed.

L. Vinoba,

Advocate,

Pondicherry.

R.Ranganathan (Director)     14 September 2010

When both are agreeing then no problem is there in executing the cancellation deed. Further nowadays both the persons photographs are also affixed. So tomorrow the same cannot be questioned by them. You can cancel the same if both are willing. Only problem will be the revenue authorities who will want it as a sale deed and not cancellation deed. This is because it is like sale, the original owner is getting back the property. So revenue loss to the govt. if cancellation is allowed like this. Here the Seller is purchasing the property from the purchaser.

Sri Vijayan.A (Legal Consultant)     14 September 2010

  1. I think Revenue authorities means Officials of Revenue department,
  2. Revenue officials do not have any loss of revenue by this transaction, bcoz they concern about land revenue only.
  3. only registration officials shall think about stamp duty and its registration fee.
  4. If we consider the pre-seller is purchasing back the property from the pre-buyer, it is called re-conveyance, which attract full stamp duty.
  5. Here, cancelaation deed can be registered
  6. I also think, there is no limitation period for cancellation
  7. Even if any limitaion, the period is within the reasonble limit in the present case

VIVEK   07 November 2017

sir,what if only sale agreement is done and deed for registration has not been done


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