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arun kumar (manager)     11 November 2014

Ratification deed cancellation

Can a registered ratification deed be cancelled unilaterally? Case details given below:

1. Property of 3000 sft in Chennai

2. 6 Legal heirs having rights

3. 5 of them appoint one(sixth) sibling to deal with property on their behalf

4. The power agent sells the extent of 3000 sft to a buyer

5. Buyer realises that in the sale deed there is an error which reads that the power agent has sold the entire extent on behalf of the principles INSTEAD of saying it was sold on behalf of himself and principles- (Note: entire 3000sft has been registered)

6. Buyer asks for correction- Sub Registrar says only Ratification can be done in this case. The original seller appears and ratifies the sale deed including himself as vendor. Along with this 1/6 share stamp duty is collected.

7. As per tamil nadu govt format ratification is signed only by the seller.

8. Seller subsequently demands money in lieu of not cancelling the ratification deed executed.

Is there scope for the seller to cancel the ratification deed executed unilaterally? They do not even have custody of the document but registrar has accepted a cancellation of ratification. Is this possible and what is the solution? This does not seem logical as anyone doing ratification can blackmail the purchaser any number of years later.

If registrar has accepted the cancellation, what action can be taken to prevent such violations? 

 

 



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     11 November 2014

To my knowledge ratification can be done by the consent of both seller and buyer.  It cannot be done unilaterally.  Even cancellation of ratification deed should be done with the consent of both. 

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

The execution of ratification or rectification deed will be done by the vendor, however since it is in favor of the buyer, the buyer's signature in the deed is also required.  Thus, the said document is signed by both, the vendor and the buyer, therefore, a unilateral cancellation of the rectification deed by the vendor himself without the knowledge or consent of the buyer is invalid, illegal and not binding on the buyer.  A mandatory injunction suit for cancellation of the rectification holding it as invalid will be the next cours of legal action against the vendor.


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