AI Overview...
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Cancellation of Registered Relinquish of Right - The sources highlight various scenarios where registered deeds, such as relinquishment, sale, gift, or adoption deeds, are subject to cancellation or challenge. Main points include the validity of cancellation, legal procedures, and grounds for contesting such deeds K.KUGESH vs THE STATE REP BY - Madras, Jasvinder Kaur VS State of Rajasthan - Rajasthan, S. Palanisamy VS Sub-Registrar, Nallur, Tiruppur District - Madras, DODDAMADIAH VS MALLAPPA - Karnataka, ELAMANCHIND VENKAMMA VS PERLA ACHIAMMA - Orissa.
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Legal Validity and Procedure - The cancellation of registered deeds must follow legal procedures, including proper execution and registration. For instance, a relinquishment deed signed by all parties and registered is generally deemed valid unless challenged on grounds like fraud or coercion. The law permits parties to seek cancellation through civil suits or petitions if they can demonstrate valid reasons Jasvinder Kaur VS State of Rajasthan - Rajasthan, M. Raju, S/o. Mr. G. Murageppa VS State of Karnataka, Through Addl. Chief Secretary, Ministry of Urban Development - Karnataka, ELAMANCHIND VENKAMMA VS PERLA ACHIAMMA - Orissa.
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Grounds for Cancellation - Common grounds include fraud, misrepresentation, coercion, or execution of deeds under duress. For example, a deed obtained through fraud or misrepresentation can be nullified, as seen in the case of Gangamma's gift deed, which was nullified due to fraud and misrepresentation ELAMANCHIND VENKAMMA VS PERLA ACHIAMMA - Orissa. Similarly, deeds executed under coercion or without proper consent can be challenged and canceled M. Raju, S/o. Mr. G. Murageppa VS State of Karnataka, Through Addl. Chief Secretary, Ministry of Urban Development - Karnataka.
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Impact of Registration - Registered deeds are generally presumed valid and enforceable. However, they can be challenged if proven to be obtained fraudulently or under undue influence. The registration process provides a legal safeguard but does not make deeds immune to cancellation if legal grounds exist K.KUGESH vs THE STATE REP BY - Madras, NRASINGH RAM VS BOARD OF REVENUE FOR RAJASTHAN - Rajasthan.
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Specific Contexts - The sources also discuss cancellation in specific contexts such as lease rights in fisheries, adoption deeds, and property relinquishments. For example, the lease rights in fisheries are leased for at least three years unless decided otherwise, and cancellation of such leases can be challenged if not in accordance with rules Ikop Laidakol Fishing Co-Operative Society Ltd. VS State of Manipur and Ors. - Gauhati.
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Conclusion - The cancellation of registered rights or deeds is permissible under law when executed fraudulently, under coercion, or through misrepresentation. Proper legal procedures, including filing civil suits or writ petitions, are essential to challenge such deeds. Registration provides a presumption of validity but does not preclude cancellation if legal grounds are established K.KUGESH vs THE STATE REP BY - Madras, Jasvinder Kaur VS State of Rajasthan - Rajasthan, ELAMANCHIND VENKAMMA VS PERLA ACHIAMMA - Orissa.
References: - K.KUGESH vs THE STATE REP BY - Madras - NRASINGH RAM VS BOARD OF REVENUE FOR RAJASTHAN - Rajasthan - Jasvinder Kaur VS State of Rajasthan - Rajasthan - FIRM BHAGWANDAS SHOBHALAL JAIN, A REGISTERED FIRM VS STATE OF MADHYA PRADESH - Madhya Pradesh - S. Palanisamy VS Sub-Registrar, Nallur, Tiruppur District - Madras - DODDAMADIAH VS MALLAPPA - Karnataka - Ikop Laidakol Fishing Co-Operative Society Ltd. VS State of Manipur and Ors. - Gauhati - M. Raju, S/o. Mr. G. Murageppa VS State of Karnataka, Through Addl. Chief Secretary, Ministry of Urban Development - Karnataka - ALPESHBHAI GOPALBHAI DONGA V/s STATE OF GUJARAT - Gujarat - ELAMANCHIND VENKAMMA VS PERLA ACHIAMMA - Orissa
Search Results for "Cancellation of Registered Relinguish of Right"
2024 Supreme(Online)(MAD) 16656 • India - High Court of Madras
Honourable Dr Justice G. JAYACHANDRAN
Fact of the Case: Petitioners sought to quash a criminal complaint registered against them after a settlement deed ... Ratio Decidendi: The court emphasized the petitioners’ cancellation of their fraudulent title, their voluntary vacating of ... I submitted that the 1st respondent registered a case in Crime No.73 of 2023 against the petitioners based on the complaint of the 2nd Respondent, who is the Sub-Registrar, Villivakkam on 26.09.2023. ... Thereafter, the case has been registered under Sections 420, 465,467,468,....
2018 0 Supreme(Raj) 1182 • India - Rajasthan
M.N BHANDARI
Constitution of India - 1950 – Custom - Cancellation of registered adoption deed - In writ petition mutation ... aside while maintaining order of Additional Divisional Commissioner however it is with clarification that others can file suit for cancellation ... of registered adoption deed - Order of Board of Revenue against and others is however not interfered – Adoption deed cannot be questioned ... Govinda s/o Kalu and others could have maintained a suit for cancellation of registered#HL_END....
2012 0 Supreme(Raj) 2020 • India - Rajasthan
NIRMALJIT KAUR
Penal Code against the Petitioner – All the 5 sisters relinquished their share in favor of the petitioner/mother through a registered ... relinquish deed after the death of father – signature of complainant and other sisters admitted – relinquish deed not been objected ... A registered deed, i.e., 'Dastavej Dasterbari' was executed, vide which, the daughters, including the complainant gave away their claim right over the property in favour of the petitioner. The said document is signed by all the sister....
1964 0 Supreme(MP) 65 • India - Madhya Pradesh
T.P.NAIK, S.P.BHARGAVA
Fact of the Case: The plaintiffs, a registered partnership firm, were lessees of the then Charkhari State for collecting ... The cancellation of the lease could not be called an act of State, and it could, therefore, be challenged in a Court of law. ... The cancellation of the lease could not be called an act of State, and it could, therefore, be challenged in a Court of law. 3. ... Its cancellation was also done by the United States of Vindhya Pradesh on or about 26-9-1949. ... The plaintiffs are entitled to such dama....
2017 0 Supreme(Mad) 3800 • India - Madras
D.KRISHNAKUMAR
the impugned order of Cancellation Deed executed by the second respondent, presented and registered before the first respondent ... Property case - Deed of Cancellation of Release Deed - Petitioner filed the present Writ Petition against ... as Document - Held, It is not in dispute that the second respondent executed Deed of Cancellation of Release without informing the ... On the contrary, the learned counsel appearing for the second respondent submitted that 'Cancellation of Release Deed' dated 10.11.....
1949 0 Supreme(Kar) 1 • India - Karnataka
VENKATA RAMAIYA, PUTTARAJ URS
Issues: Validity of the sale cancellation, admissibility of oral evidence under Section 92 of the Evidence Act Ratio ... defendants claimed the sale was cancelled, but the plaintiff presented the sale deed for registration despite an agreement for cancellation ... appealed a suit for possession of a house conveyed by them under a registered sale deed to the plaintiff. ... Unfortunately the terms agreed upon for cancellation as set forth in Exhibit E (Sic) cannot prevail over the sale deed for the reason that while the s....
1981 0 Supreme(Gau) 24 • India - Gauhati
K.N.SAIKIA
Rule 26 of the Rules provides that the right of fishing in registered fisheries shall ordinarily be leased for not less than three ... The society challenged the cancellation and settlement. ... Fact of the Case: The petitioner-society, a registered Co-Operative Society, was granted a three-year lease for a fishery ... The right of fishing in registered fisheries shall ordinarily be leased for not less than three years, unless decided otherwise by the Administrator in individual case....
2023 0 Supreme(Kar) 224 • India - Karnataka
SURAJ GOVINDARAJ
- Coerced and forced to surrender their land - Quash notice issued by Chief Engineer, Respondent No.4, directing petitioners to relinquish ... Girijamma, the mother of the petitioners, on 30.09.1957 under a registered sale deed. ... The petitioners is also free to furnish a copy of this order to the Sub Registrar to seek for cancellation of the said relinquishment deed. iv. ... Necessary cancellation of relinquishment deed to be executed by the respondents in favour of the petitioners within a period of four weeks from t....
2025 Supreme(Online)(GUJ) 1433 • India - High Court of Gujarat
HASMUKH D. SUTHAR, J
claimed to be a facilitator in the transaction - No civil proceedings initiated by the complainant - Applicant's willingness to relinquish ... However, for cancellation of sale deed, no any civil proceedings are initiated for the same. ... In the pretext of sale deed, he has admitted the same modus and similar nature of other offences are also registered against the applicant. ... (3) So far as forgery part is concerned, the applicant has stated that he has not made any signature on the promissory note of Rs.4 crore, however, to show his....
1967 0 Supreme(Ori) 111 • India - Orissa
DAS
Gangamma filed a suit for cancellation of the deed of gift, but she died during the enquiry of her pauperism. ... executed by Gangamma in favor of Defendants 1 and 2 was obtained by fraud and misrepresentation and was duly nullified by the deed of cancellation ... Gangamma executed a registered deed of gift in favor of her daughter Venkamma (Defendant No. 1) and Mangulu Patra (Defendant No. ... On 30-8-1954 Gangamma executed a registered deed of gift (ext. A) in favour of her daughter Venkamma (Defendant No. 1) and Mangu....
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