• Cancellation of registered conveyance deed & Sale deed

Hi, The conveyance deed of my property has been registered 4 months back by the NDMC dept. I have sold the property 3 months back after the registration of the conveyance deed, and a sale deed has been made. Is there is any law by which both the sales & conveyance deed can be cancelled or challenged?
If yes , how?
Asked 5 years ago in Property Law
Religion: Sikh

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21 Answers

1) once conveyance deed is executed duly stamped and registered you would be absolute owner of property 

 

2) you are at liberty to sell the property 

 

3) sale deed would not be set aside 

Ajay Sethi
Advocate, Mumbai
96618 Answers
7788 Consultations

1. Sale deed once executed and registered can not be cancelled or evoked by the parties anymore.

2. only the court can set aside the deed on the proof of force or fraud behind execution of this.

3. Another option is re conveyance by the buyer.

Except this there is no other way.

Devajyoti Barman
Advocate, Kolkata
23163 Answers
509 Consultations

Cancellation deed can be processed but you will bit get stamp duty and registration charges back from government.

And conveyance deed won't get cancelled once it's proceed because the land will be transfer from original land owner to flats owner name.

Ganesh Kadam
Advocate, Pune
12984 Answers
261 Consultations

Yes it is possible only when the consideration of the sale has not been paid by the bhaiya and there is any e contravention in the conveyance deed and the sale deed for the cancellation purpose you have to file Civil Court case where you have to pray the court and those grounds to cancel the sale deed

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Hello,

If you have intentionally sold it then it cannot be reversed.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

A suit for cancellation of the sale deed can be filed in the district court. You have to put forth the reasons why you challenge this registered sale deed.

Regards 

Rahul Mishra
Advocate, Lucknow
14102 Answers
65 Consultations

See if consideration is not received or it is done by fraud or cheating or illegally then in that you can file a suit before the district court/civil court for cancellation of same under specific relief act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You need court orders to set aside conveyance deed 

 

2) registrar cannot unilaterally set aside sale deed 

Ajay Sethi
Advocate, Mumbai
96618 Answers
7788 Consultations

Cancellation can be only done by the Civil Court and and the Order of the Civil Court Registrar has to cancel the registration

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

My answer is same as before.

Devajyoti Barman
Advocate, Kolkata
23163 Answers
509 Consultations

Only by filing suit in civil court it can be challenged

Prashant Nayak
Advocate, Mumbai
32345 Answers
198 Consultations

1. No revenue authority can cancel the sale deed after it has been registered.

2. The only remedy in your hands is to file a suit for cancellation of sale deed on the grounds available under the law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Only civil court has power to cancel a deed once registered commissioner or registrar doesn't have such power.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Dear sir,

Sale deed can be challenged only if there are sound legal grounds. If it has been executed by fraud, coercion etc it can be challenged but one need to prove to the court the grounds on which it is challenged.

The said deed of conveyance is not a valid title deed as per law for want of being registered and it can be challenged in the Court of law. The unregistered convenience deed is not valid even though a confirmation deed was executed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

If any party aggrieved to this registered deed, may file a suit to cancel the registered deed for the reasons relied upon within three years from the date of registration.

Since you have already sold the property following the due process of law you may not worry about it, in case any hurdle is emerging then you may handle the situation as per law.

 

T Kalaiselvan
Advocate, Vellore
86819 Answers
2325 Consultations

Neither the commissioner nor the registrar have any power to cancel the registration of the registered deed for any reason.

Only the court has power to pass any such order to cancel the registered deed by a decree and judgment after hearing all the parties to the transaction  in the suit for cancellation.

T Kalaiselvan
Advocate, Vellore
86819 Answers
2325 Consultations

- No, the Sale & Conveyance deed cannot be cancelled, once executed. 

- Further, neither additional commissioner / Commissioner of Corporation department  , and nor the Registrar having the power to cancelling the same as per law.

- But, it can be challenge and cancelled by the order of the Court only.

Mohammed Shahzad
Advocate, Delhi
14357 Answers
220 Consultations

No Authority Can Cancel Registered Documents unless court order. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Only the civil court has the jurisdiction to cancel the sale deed, nobody else.

Rahul Mishra
Advocate, Lucknow
14102 Answers
65 Consultations

registrar has no power to cancel a registered deed, even if the deed is registered fraudulently. A deed can only be cancelled by approaching the appropriate civil court, invoking Section 31 of the Specific Relief Act, 1963.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Yes they can be challenged and cancelled if they were formed with some fraud or misrepresentation by other party.

You have to file suit in civil court for set aside the sale deed. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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