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nithya (software engineer)     19 December 2012

Sale deed cancellation

Hi,

i am about to buy a home in chennai.owner was given all documents for verification, As per his document everthing is fine.

But in EC we found there was sale deed cancellation in 2007.i have a doubt in that.

is the sub registarer or registarer can cancel the sale deed.

else only court can issue the sale deed cancellation.



Learning

 4 Replies

Rajesh Kulkarni (Advocate)     19 December 2012

 

Hi Nithya,

You are at the right juncture; verification is the best part you have gone through. Yes, any transaction over the property reflects in Encumbrance Certificate. Its better you clarify with an Advocate.

Registrar or Sub-Registrar has no right at Law to cancel any deed, it’s the jurisdictional Court passes order for the same on full trial of a case.

You can even refer with records in Sub-Registrar’s office as to what is the follow-on of such Sale Deed Cancellation.

 

Regards,

Rajesh Kulkarni

Advocate, Hyderabad

Adv B.B.Gambhir #9814820602 (advocate)     19 December 2012

a court has only the power to cancel any registered document through which the title of ownership has been transferred from one person to another except the exceptional circumctances. 

Anish Thakur 7018812737 (advocate)     19 December 2012

its wholly depends upon the notification of your ld high court whom they had made powered in this concerned.

nithya (software engineer)     21 December 2012

Thanks for the inputs...

what is the procedure for sale deed cancellation, If suppose in 2007 the owner did not cancelled the deed through court.


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