CiteTEXT
...registration of a unilaterally executed cancellation of a Sale Deed, a Writ Petition is maintainable under Article 226 of the Constitution of India....Section 32-A of the Registration Act are complied with.(iii) The Registering Officer is obliged legally to reject and to ref...Judge held that the Cancellation Deed was executed unilaterally by the 2nd Respondent/Appellant without the knowledge and consent of the Writ Petitioner and without complying the requirements of ...
...A. Muhamed Mustaque, J.:— The petitioner approached this Court aggrieved by unilateral registration of a cancellation deed executed by the 3 respondent cancelling a settlement...constructed a house therein. Thereafter, his mother-the 3 respondent unilaterally cancelled the deed and the registered the same as document No. 80/09 of Ollukkara SRO. The registration of this ...provisions under the Specific Relief Act. In the absence of any provision, reserving with the settler to cancel the document referable to deed itself, he or she cannot execute such a cancellation deed and...
...executed a cancellation deed on 16.06.2006 by canceling the earlier deed without the junction of his brother. The petitioner now seeks registration of the deed as a ...precedent discernible is that the registration of such a cancellation deed would not confer any title. If that is so there is no reason why this Curt should permit registration of ...property was transferred by directing registration of the same. This Court would be perpetrating an illegality since it would only lead to further litigations if at all the brother challenges the same.3. The conveyanc...
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ORDER
The present Writ Petition has been filed challenging the registration of a cancellation deed of an alrea...cancellation deed has been registered by the first respondent herein. The said registration is under challenge in the present writ petition.
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..., praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned cancellation deed, dated 07.04.2014 and registered as document No.1070 of 2014 in the office of...
...pending before the Commissioner, Municipal Corporation of Hyderabad, respondents 4 and 5 produced copies of cancellation deed cancelling the registered sale deed executed in favour of the petition...validity of the document before registering the same. A reference is also made to circular Memo No. G 1/4838/04, dated 17.12.2004, issued by the Commissioner and Inspector General of Registration and Stamps (the IG...favour of the petitioners and while the same is pending, the Joint Sub-Registrar I, Ranga Reddy District, issued notice to all the petitioners separately informing that a cancellation deed cancelling the earlier sa...
...Article 21 of the Kerala Stamp Act along with penalty at 10 times to enable the registration of the cancellation deeds. The petitioner sent Exts. P5 and P6 objections to Exts. P3 and P4 ...by the Sub Registrar to register the document. The Sub Registrar took the view that stamp duty at 10% of the consideration shown in the sale deed should be paid for the cancellation deed. The District Registrar (Ge.... Article 15 of the Kerala Stamp Act deals with such cases of cancellation where the junction of both the parties is not required to effect the cancellation of ...
...the Registration Act, 1908 mandates that registration of a Cancellation Deed cannot be done unilaterally unless and until both the parties are before the Sub Registrar.
.... However, the impugned cancellation Deed is now registered by respondent No.3 in violation of Rule 26 (i) (k) of the Telangana Rules under the Registration Act, 1908. In the circumstances, the...unilateral execution and registration of the impugned Cancellation Deed is not disputed in the counter affidavit filed by respondent No.3. As already noted above, there is no counter...
...Registration Act, 1908, has powers to and is duty bound to refuse to register a deed of cancellation cancelling ...the sale deed is that title should pass, registration of a cancellation deed cancelling the sale deed unilaterally by the vendor, would certainly defeat that object.21. I...with the duty of the Sub-Registrar in the matter of registration of a cancellation deed unilaterally executed by the vendor in the light of the above legal position. Under ...
...was cancelled on
23.12.1997 by execution and registration of a cancellation deed,
Annexure-N. Petitioner’s representation dated 9.3.2015, Annexure-P...challenge in these petitions is over the Cancellation Deed
dated 23.12.1997 registered in the office of the Sub-Registrar,
Kengeri as Document No.11304/1997-98...requesting ‘BDA’ to regularize the transaction of the transfer of the
lease-cum-sale agreement and to execute and lodge for registration the
conveyance deed...
...Village. Subsequently, the appellant approached the Sub-Registrar for registration of a deed of cancellation dated 6.1.2006 on the ground the sale deed is not supported by consideration. ...that the Registrar was reluctant to entertain such a document and refused to register the same apparently on the ground that the cancellation deed was sought to be registered without there being a consent from the ...Inspector General of Registration issued a Circular dated 5.10.2007, whereby all Deputy Inspector Generals of Registration, District Registrars and all Sub-Registrars were directed that the deed ...
..., by cancelling a sale deed validly executed by him. That would certainly be opposed to public policy. Therefore by registering a cancellation deed of a sale deed, the Sub-Regist...cancellation deed of a sale deed is against public policy and therefore an interpretation of the Registration Act...would help to prevent such illegality, has to be necessarily adopted by courts.
32. The view that cancellation of a sale deed can be only bilateral, is also clear from the ...
...Ext.P2 deed of cancellation of a partition deed which was executed and registered on 01-03-2023 (Ext.P1), has not been accepted for registration.
2. The ...appearing for the petitioner would submit that there is no legal ground on the basis of which the 3rdrespondent can deny the registration of Ext.P2 cancellation deed, as the petitioner had remit...document of cancellation results in a transfer of property, the same has to be considered as a deed of cancellation as long as the law provides for the registration ...
...question in the light of the facts that respondents therein had executed a Development Agreement-cum-GPA with the petitioners and then they unilaterally executed a deed of partial cancellation the...senior counsel for the petitioners in W.P.No.20683 of 2012 and W.P.No.2192 of 2013, wherein registration of a deed of cancellation of Development Agreem...consciously limited the operation of Rule 26 (i) (k) (i) to registration of a cancellation deed of previously registered “deed of conveyance ...
...cancelled by registration of a cancellation deed on 11.11.2020. Pursuant to the said cancellation deed, the complainant has received all the amounts from the hands of the petitio...respondent No.2 is registration of the cancellation deed of the sale agreement dated 11.11.2020. The version of the complainant had she never entered the office of the Sub*Registrar to ge... in the cancellation deed are that of the complainant. If that be so, this Court fails to understand as to where the fraud lied, as the complainant was a signat...
...decision of this Court in K. Gopal Reddy v. Secretary .
5. When a person is aggrieved by registration of a document or for th...of Section 17(1)(b) of the Act. Be it noted, as per the said provision, any non-testamentary instrument, which creates a right or extinguishes a right, requires registration. A ...a writ petition would lie to nullify a non-testamentary instrument extinguishing the right that allegedly accrued under a gift deed.
6. Part XI of Registration Act deals with duti...
...way of a sale, it cannot be divested by the execution of a deed of cancellation, even with the consent of the parties concerned. As such, a deed of ...there is no provision in the Transfer of Property Act, 1882, or in the Registration Act, 1908, for the cancellation or annulment of a sale deed.
7. The....
2. This writ petition has been filed praying for a Writ of Declaration, to declare the cancellation of the deed of sale, dated 16.8.2007, executed by the second respondent and r...
...Inspector General of Registration No.100, Santhome High Road
Chennai 600 028.
2. The Sub Registrar O/o The Sub Registrar Vaniyambadi, Tirupathur District.
3. K.Selva Nathan... registering a cancellation deed submitted before him by the settlor alone for cancelling the registered Settlement Deed in the absence or consent of the settlee?
...maintainable questioning such registration?
iv) What is the remedy available to the parties in the event of registration of a ...
.... The effect of registration of a cancellation deed is against public policy and it will create a chaos if such deeds are allowed to be registered. The purpose of ...Tatyarao Venkatrao Vase v. Puttappa Kotrappa, 12 Bom LR 940. Therefore, the effect of registration of a sale deed is not aff...section 49(c) of Registration Act, the same cannot be received as evidence of transaction between them. The registration in certain circumstances is notice of a transact...
.... P.Deivasigamani ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare the registration of cancellation deed ...:-
Question Nos.1 & 2 :
i) Whether the Registering Authority can desist from registering a cancellation deed submitt...of registration of a cancellation deed unilaterally by the settlor?
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Answer...
...:-
i) Challenging registration of a unilaterally executed cancellation of a sale deed, a writ petition is maintainable under...Article 226 of the Constitution of India.
ii) A cancellation of a sale deed executed b...Officer is bound to register the same if the other provisions like Section 32-A of the Registration Act are complied with.
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