Cancellation deed
Prashant Taneja
(Querist) 04 April 2025
This query is : Resolved
Sir, there were mistakes in my sale deed. To correct these mistakes a rectification deed was executed. There are some issues with the rectification deed due to which I want it to be cancelled. After negotiations the seller has agreed to execute a cancellation deed to cancel the rectification deed but the sub registrar seems confused. He says documents registered in Book 1 cannot be cancelled by cancellation deed. Can you give me the details and copy of a judgement of a case including the Exhibits presented (sale deeds/rectification deeds/cancellation deeds.......... etc.) where a cancellation deed to cancel a rectification deed was refused registration by sub registrar but court ordered it to be registered, so that I will be able to convince the sub registrar to register the cancellation deed. I am ready to pay for the service.
T. Kalaiselvan, Advocate
(Expert) 05 April 2025
The sub registrar don't have power to cancel the registered deed
You may have to approach court with a suit for cancellation of the deed for desired relief.
Advocate Bhartesh goyal
(Expert) 05 April 2025
Sub Registrar is right as he has no power to cancel the registered deed. Both the parties of document may rectify document by submitting rectified document. If you both wanted to get cancelled the document then file suit for cancellation of sale deed before civil court.
kavksatyanarayana
(Expert) 05 April 2025
If the rectification deed executed by the seller has issues, what is the use of the sale deed if it has mistakes? So you and the seller have to cancel the sale deed, and the Sub Registrar will certainly do the registration. Still, he refuses to register, make a complaint to the District Registrar against the SR.
