Land property existed in my mothers name. We have entrusted a guy to take care of the property. He used to get paid for it. (but we have lost the records of the payment). Most of us were out of country and busy with work could not take care of the land. Without our knowledge, in 2011 he made an illegal registration claiming that it is his ancestral property. we came to know of his illegal registration recently in 2020. Now he wants a compromise with us. We want to cancel his illegal registration. How to cancel his illegal registration? Can this be done at registrar office by him? 1) What is the process to cancel his registration if he agrees to cancel it? 2) What is the process to cancel his registration if he doesn't agree to cancel it?
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File suit to set aside cancellation of registration done in name of caretaker
2) if caretaker agrees then you can file consent t terms in suit for setting aside registration
3) if he refuses take plea that mother is absolute owner of property and caretaker has no right ,tile ,interest in said property and has fraudulently transferred property in his name
Contact a local lawyer. Get a suit for declaration, possession, cancellation of title document and subsequent reliefs and immediately take a stay so that he may not create third party interest.
On filing the case in case his intention is bonafide, he may compromise and the decree can be taken on the basis of compromise. Even otherwise, in case he contest the case there is every likelihood that you can win the case. Good luck.
The registration cannot be cancelled at this belated stage.
However based on the information about it at this stage you can file a suit for cancellation of sale deed before court.
Apart from the process through court, since he agrees to whatever conditions we want, Our doubt was like, can a cancellation of the his registration can be executed at the registrar office and thereby the property gets transferred to previous owner's name, (my mother)?
Registrar office would insist on court orders fir setting aside registration
Sub Registrar has no power to cancel the registration. Secondly in case you got transferred the property from him, you admit the ownership of that guy and may be in great trouble once you entered into such agreement.
The registrar has no power to cancel the registered sale deed.
If he cooperates then ask him to execute a registered sale deed of the same property in favor of your mother at this person's cost.
You need to execute cancellation deed and get it register the same
Dear Client,
Once a document is registered, it is cancelled by filing a suit for cancellation in Civil Court. The court satisfies itself regarding the illegality in the document. Cancellation is not ordered at the whims and fancies of the party seeking it.
Thankyou
1. Approach the sub registrar to get it cancelled.
2. Court can get it done. File a police complaint.
G.RAJAGANAPATHY
High Court of Madras
- You can lodge an FIR against him for the offence of cheating and breach of trust for forging documents
- Further, if he agrees for cancel the said registration , then he will have to register a cancellation deed before the same registrar .
- Further, if he not agrees , then you can file a declaration suit before the court for the cancellation of the said registered documents.
