• Authority of Sub-Registrar on Cancellation.

Dear Experts,

This is further to my query regarding illegal revocation of gift deed. So far, filing of caveat, filing of temporary injunction and filing for declaration of suit had been done. On 26th, I may get interim order.  Meanwhile, I would like to ask the experts whether the Sub-Registrar can have the authority to canecl the gift deed when the doner approaches to him (my case the doner has approached the Sub-Registrar and cancelled the gift deed unilaterally and the Registrar has also accepted the documents given by the doner and cancelled the Gift Deed instantly.  Can I sue the Registrar also for his action.  Can I join him (SRO) as a party in the plaintiff.  Expert opinion is solicited. Thank you.
Asked 4 years ago in Property Law from Chennai, Tamil Nadu
what is the reasons for cancellation.it can be cancelled only if required stamp duty is not paid
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

no sub registrar cannot cancel gift deed unilaterally . it can only be done by mutual consent of parties or by court order . you can file a writ challenging the decision of sub registrar in cancelling gift deed unilaterally .
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

Above satisfy your query.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

Registrar does not have power to cancel a deed except with the consent of the parties whose rights it touches upon. Only a court of law can cancel a deed unilaterally. Move the High Court for quashing the order of registrar.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

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