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WHAT IS DEED OF CANCELLATION

Cancellation of a sale deed or a written instrument is a very important and crucial aspect of the civil laws in India. Such situations often arise due to misrepresentation of facts, suppression of facts and other related factors. The cancellation of any sale deed or any other document related to the property requires specific grounds. Sections 31 to 33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Act, cancellation is possible when and if:

 An individual feels that the deed is voidable or has a doubt that such a deed will cause him serious injury if left outstanding.

 If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.

 The cancellation may be executed by mutual consent of all parties.

In case of partial cancellation or when it is evident that different people mentioned in the document have different rights or obligations, the court may partially cancel it and agree to let it stand for the residue. On cancellation, the court may ask the party for compensation or return the benefits enjoyed by the former & pay the offended all the dues owed to them.

WHY IS IT NEEDED

The need of deed of cancellation is to rectify the misrepresentation or suppression of facts done in the previous legal documentation. The registrar is bound to register the deed when both the parties agree to it. After execution of the cancellation, the parties are free of the agreement, so that none of the rights can be claimed after the execution.

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