• Cancellation of registry/sale deed of a plot

We want to cancell a registry/ Sale deed. but we have not the original copy of the deed. can we cancell the registry or Deed without producing the original deed, if the other party is agree to cancell it. please explain the precedure if there is any other option.
Asked 7 years ago in Property Law
Religion: Christian

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11 Answers

See in case the other party agree to cancel same then a cancellation deed can be made. Further in place of orginal you can obtain a certified copy from the subregistrar/ tehsildar office and that can be used.

For cancellation the deed of cancellation can be made document no. of registry can be mentioned and same can be registered, further the proper way for cancellation shall be you have to file a civil suit and cancellation deed can be presented as evidence and both parties can consent same and then deed is cancelled. I

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You shall have to lodge a missing or lost diary before the police reporting the unavailability.of the origibal deed.

2. Thereafter you can register the cancellation deed with the help of the copy of the police complaint.

3. You might be questioned by the Registrar about the possibility of mortgaging the property by depositing the original title deed, which you want to cancel now, while taking loan from a bank which you shall have to address convincingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Where is the original sale deed ?

Has it been lost or misplaced ?

Have you lodged FIR about loss of original documents?

For cancellation of sale deed deed of cancellation has to be executed duly stamped and registered

Sub registrar would insist on production of original deed you want cancelled

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you can cancel the sale deed by a civil suit in the court if the condition of sale deed is not complete and consideration is not recieved. There will be loss of stamps paid for registration.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Execute a cancellation deed and have it duly registered

2. Lodge a FIR for the lost original document

3. Then issue a public notice in newspapers giving details of the cancellation deed and FIR for lost original document

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Firstly, once the registry has been done then there is no provision of law which can get the same cancelled except if the same was executed by force or coercion.

Secondly, but yes, if the other party is ready then it can be done easily.

Thirdly, you may get the certified copy of the same from the registrar’s office after paying a nominal fees.

Fourhtly, then can apply for the cancellation of the same before the registrar only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes you can do the same.you can get the certified copy from the registration office. If both the parties are willing you can execute the Registered cancellation deed.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

f you know the general and/or basic details of the said sale deed, you can get a search done and obtain a certified copy of the said deed from the office of the Learned Registrar. Thereafter, you can file a suit for declaring the said deed as null and void.

Gunjan Shah
Advocate, Kolkata
16 Answers

1. Are you the buyer?

2. Do you want to cancel the agreement to sell or sale deed?

3. If the agreement to sell is to be cancelled then a cancellation deed should be executed and registered if the agreement to sell is also registered. If, however, the agreement to sell is not registered then there is no need to register the cancellation deed.

4. To cancel the sale deed a cancellation deed is to be executed which has to be mandatorily registered.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The sale deed once done and registered can not be cancelled by either of the parties.

2. The only way is to file a suit for setting aside the deed if the same was proved to have been done under force and fraud.

3. Even with the consent of both parties the same can not be cancelled.

4. So filing of the suit is only option or to transfer back the land sold which would again attract stamp duty and registration fees on the market value of the property.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If both the seller and the buyer jointly execute a registered cancellation deed to cancel the registered sale deed, then it can be done.

You can obtain the certified registration copy of the original sale deed and follow the procedures for cancellation.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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