• Query on cancellation of a registered deed

I had registered a sale of 550sq ft of UDS in Chennai to each of my 3 colleagues based on trust. However in the 3 sale deeds, there is an error stating that the sale consideration has been paid.  Also on the same day, a sale cum construction agreement was registered wherein there is an error stating that Rs 10L has been paid to me by cash. Also I was put as the builder and for health reasons wish to withdraw. There is no reference to the sale agreement in the sale deed. Due to these erroneous entries and IT implications, my colleagues and I approached the sub registrar for cancellation of the sale cum construction agreement only along with registration of a fresh construction agreement with another builder. He refuses the cancellation of only the sale cum construction agreement and insists on cancellation of both documents and re registration.
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
Religion: Christian
1) There is no harm in cancellation of the sale deeds and sale  cum construction agreement 

2) since Sale cum  construction agreement erroneously mention Rs 10 lakhs was paid to you cancel both agreements 

3) in the alternative deed of rectification can be executed of sane c construction agreement if amount received by you is wrongly mentioned 
Ajay Sethi
Advocate, Mumbai
45467 Answers
2672 Consultations

5.0 on 5.0

1. The Registrar has no tight to choose which document he will cancel or whether he will also insist in cancelling the registration of the document which the parties do not want to cancel or not,

2. However, in the instant matter, it will be beneficial for you to cancel both the documents and correct the errors left in those documents.  
Krishna Kishore Ganguly
Advocate, Kolkata
18442 Answers
448 Consultations

5.0 on 5.0

1. It is advisable to cancel both the documents as both have wrongly entered entries.
2. Though the registrar has no right to decide that you should cancel a a document , legally it would be correct to do the same.
3. In case you don't wish to do that , you ave a choice to make a Deed of rectification which will not have any additional charges of stamp duty.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

What is your query?

You say that it is an error that sale consideration is paid, how can be that an error?

If there was already a sale deed, what was the necessity for another sale cum construction  deed, it could have been just a construction agreement/deed?

Well in that also the same thing i.e., it was Rs. 10 lakhs was paid, what is the error in it?

In any case, what is that you want to say?

Do you want to cancel the sale deed or the sale cum construction deed?

If both parties agree to the proposed cancellation, you may jointly  execute a cancellation deed cancelling the document desired o be cancelled.

Please be aware that a sale deed cannot be executed without a mention about the payment of sale consideration amount in it.

Therefore ordinarily a registered sale deed cannot be cancelled just like that at your whims
T Kalaiselvan
Advocate, Vellore
35621 Answers
386 Consultations

5.0 on 5.0

1. If the sale consideration was not paid then how come the sale deed were executed? A sale without consideration is void. No reference is required to be made to the agreement to sell in the sale deed as the latter can stand on its own feet. 

2. Since the agreement to sell was followed by the execution of sale deed the former cannot be cancelled unless the latter is also cancelled. You and the buyers can execute a cancellation deed to undo the sale and not the sale agreement as the latter has paled into insignificance after the execution of sale deed.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer