deeds of cancellation, then the provisions with regard to invoking the same needs to be examined.
26. A deed of cancellation of a sale deed ... Registering Officer should refuse to register a cancellation deed. We cannot generalize all deeds of cancellation as illegal or void so as to say that
sale deed, on the ground that the petitioner has not
paid the balance sale consideration agreed upon, although in Ext P1
sale deed ... cancellation
deed as well, as mandated by the proviso to Section 32A of the
Registration Act for registration of a cancellation deed of a sale
instruments relating to cancellation of sale deeds without the
consent of the persons claiming under the said sale deed, is also a
document where ... from the recital in
the deed, then such instrument or
sale can be cancelled by a deed of
cancellation with the consent of both
Nature of Deed
Date of Execution of
Deed
4174 of 2008
Cancellation of Gift
Settlement Deed
18.09.2007
11045 of 2009
Cancellation of sale
deed ... when a Cancellation
Deed is presented
2. Whether a writ petition is maintainable for invalidation of
a Cancellation Deed or for cancellation of an instrument
suit essentially was not for adjudication of sale-deed to be void, but involved declaration of sale-deed to be void, and involved declaration ... relating to sale-deed regarding them or authority to execute the valid sale-deed or about the effectiveness of such sale-deed will also come
that once the vendor has executed the sale deed
and later on deed of cancellation of sale unilaterally executed by the
transferor and such ... respondent. But, he simply cancelled the sale deed by way of registering the
deed of cancellation unilaterally before the 1st respondent. The 1st
respondent
behalf of
respondent No.2 referred to the sale deed and would submit
that the sale deed contained condition that within a
stipulated period ... sale deed dated
11.07.1991 by Cooperative Society. The said sale deed is
marked as Ex.D1(C). A perusal of the sale deed would
cancellation of
registered sale deed. In the registered sale deed, it was admitted that
the plaintiffs have received the entire sale consideration ... execution of registered sale deed. The plaintiffs have also presented
the cancellation deed on 04.05.2007 for cancellation of said sale deed
document No.2437
there is no scope for unilaterally cancelling the Sale Deed. In fact, a Sale
Deed can be set aside only by a competent Civil Court ... Sale Deed it is clearly
mentioned that all deviation from the clause mentioned in the Sale Deed is
liable for cancellation of Sale Deed
sale deeds were binding on the executants and when there is a prayer to declare the sale deeds as invalid, it tantamounts to seeking cancellation ... need not seek for cancellation of sale deed as he is not a party to the sale deed dated 25.04.2005 and the relief of declaration
