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Checking relevance for Satya Pal Anand VS State of M. P. ...
Checking relevance for SATYA PAL ANAND VS STATE OF M. P. ...
2015 0 Supreme(SC) 1290 : A registered sale deed cannot be cancelled unilaterally. According to Section 62 of the Indian Contract Act, 1872, rescission of a contract (including a sale deed) must be done bilaterally with the consent of both parties. A deed of cancellation executed unilaterally, such as an extinguishment deed registered without the purchaser''''s signature, amounts to illegal rescission and is not valid. The Registrar of Registration cannot entertain a cancellation document without the signatures of both vendor and purchaser, as this would amount to deciding disputed questions of fact and lacks statutory basis under the Indian Registration Act. Therefore, cancellation of a registered sale deed requires mutual agreement and bilateral execution.Checking relevance for DAHIBEN VS ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS...
2020 4 Supreme 160 : Under Section 54 of the Transfer of Property Act, 1882, a ''''sale'''' is defined as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. The non-payment of a part of the sale price does not affect the validity of the sale. Once title in the property has passed, even if the balance sale consideration is not paid, the sale cannot be invalidated on this ground. Therefore, a registered sale deed cannot be cancelled solely on the basis of non-payment of a part of the sale consideration. The plaintiff may have other remedies in law for recovery of the balance consideration, but cancellation of the registered sale deed is not a permissible relief.Checking relevance for Thota Ganga Laxmi VS Government of Andhra Pradesh...
2010 0 Supreme(SC) 573 : Under Section 69 and Rule 26(i)(k) of the Andhra Pradesh Rules to the Registration Act, 1908, a registered sale deed cannot be cancelled by a unilateral cancellation deed. Cancellation of a registered sale deed is only valid if it is done by a competent civil court or through a declaration by a competent authority, and must be accompanied by notice to the concerned parties. The registration of a cancellation deed without such court order or notice is void and non est in law. Therefore, a cancellation deed executed unilaterally and registered without notice to the transferee is legally invalid and cannot be enforced.Checking relevance for Kanwar Raj Singh (D) through LRs. VS Gejo. (D) through LRs. ...
Checking relevance for S. Kaladevi VS V. R. Somasundaram...
Checking relevance for Padmini Bai VS Inspector General of Registration, O/o. The Inspector General of Registration...
2023 0 Supreme(Mad) 2974 : Under the law as established in the judgment, a registered sale deed cannot be unilaterally cancelled by the Registering Authority. The Registering Authority has no power to accept or register a deed of cancellation of a sale deed, as such unilateral cancellation is void and non est in law. The cancellation of a registered sale deed can only be done through a civil court proceeding under Section 31 of the Specific Relief Act, or through proceedings under Section 77-A of the Registration Act, 1908, which allows the Registrar to cancel a registered document that contravenes Section 22-A or 22-B after due notice and enquiry. The registration of a unilateral cancellation deed is not permissible, as it would undermine the public faith in the register and violate the principles of the Transfer of Property Act.Checking relevance for Sasikala VS Revenue Divisional Officer cum Sub Collector, Devakottai, Sivagangai District...
2022 0 Supreme(Mad) 3509 : Under the Transfer of Property Act, 1882, and the Tamil Nadu Registration Act, 1908, a registered sale deed cannot be unilaterally cancelled. A unilateral cancellation of a registered sale deed is void and has no legal effect, as it does not extinguish the rights of the transferee. The Registrar has no power to accept or register a deed of cancellation for a sale deed that has already been acted upon by the transferee. Registration of a sale deed confers legal sanctity, and once the transfer is complete, the transferor loses all transferable interest in the property. Therefore, any attempt to cancel such a deed unilaterally is non est (not valid) and cannot be registered. The proper remedy for challenging such a cancellation is through a civil suit under Section 31 of the Specific Relief Act, not through a writ petition or registration process.
