66. Public policy would be almost useless if it were to remain in fixed moulds for all time. Abhilasha Bhatia Cancellation, Sale Deed, Supreme court, Transfer of Property, Vidyadhar v. Manikrao. To access this Sample Agreement / Template, please fill in the details below and it will be emailed to you shortly. We accordingly find no merit in the appeal and the same shall accordingly stand dismissed. 879, 880, 881, 882, 979, 980 and 981 of 2006, all the petitioners purchased various extents of lands out of Acs. It is also alleged that the earlier sale deed is sham and nominal. A transfer as defined by Section 5 of TP Act is conveyance of property by one living person to one or more living persons or to him in present or in future. Accession to mortgaged property. As already referred to in these cases, there are serious disputed questions of fact regarding the allegations of fraud and misrepresentation played by the vendors as well as vendees against each other. Similar is the case in the event of registration of a sale deed, mortgage deed or licence deed, compromise deed and/or cancellation of any of these deeds. Indeed, in some of the matters (W.P. 41. At any rate, in the guise of purposive interpretation, the Courts cannot re-write a statute. He can be summarily thrown out at any stage of the litigation.... A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. WIPO Intellectual Property Handbook: Policy, Law and Use Krishnaswamy Rao. The Land Registry Act, 1862 - The Land Registry Act, 1862 marked the first attempt to introduce registration of title as distinct from registration of deeds by memorial. May 3, 2018. The High Court by the impugned order dated 19-3-2007 dismissed the revision . Secondly, they would urge that in all the matters the vendees obtained sale deeds from persons, who had no valid title or authority to execute sale deeds, and from person, who played fraud on the real owners and without proper compliance with the requirements of law. In this case, after registration of a document, the registering authority had ordered an enquiry regarding the value of the property covered by the deed. Rao. Mere pleadings either by way of plaint or written statement or for that matter, an affidavit would not be sufficient to decide the issue either way. When granting redressal involves adjudication of disputed questions of facts, which require adducing of evidence by the parties, then also ordinarily an application for a judicial review is not accepted. There shall be no order as to costs. Arvindbhai Kalyanji Bhanusali, held that non-payment of complete sale consideration cannot be a ground for the cancellation of the Registered Sale Deed. Sale deeds were executed by duly constituted General Power of Attorney holders of respondents 3 to 6. It was submitted that these documents, after registration, are presented to banking authorities and are given publicity so that the bankers and the prospective purchasers entertain doubts about the title of the land and the vendees-the bona fide purchasers, find difficulty in raising finances, using the property or transfer the property. 54. The person is still the owner of the property. They urge that though under Rule 26 of the Registration Rules, the Registering Officers are entitled to examine the document, they have no judicial powers to decide the inter se rights of the parties to the document presented for registration or the rights of the parties who are likely to be affected by such registration. I am blessed with (Give details of the legal heirs namely, wife/son/daughter/ or any other relative which testator wants to mention) As per Section 18(f), other documents not required by Section 17 to be registered can also be registered at the option of the parties. The representation to become fraudulent must be of fact with knowledge that it is false. Dr. P.S.N. These issues require recording and appreciating evidence before arriving at conclusions on the questions of fact and, therefore, writ petition is not proper remedy to adjudicate and resolve the controversy. Another aspect of the above decision is that if there is participation by all the parties to the document, there can be a cancellation deed and according to learned Judge, unilateral cancellation cannot be permitted. It is not open to the judges to make a sort of referendum or hear evidence or conduct an inquiry as to the prevailing moral concept. Their appointments were subsequently cancelled, which was set aside by Central Administrative Tribunal, Ernakulam. This is the definitive English translation of the new Russian Civil Code (Parts 1 and 2), often referred to as "the second Russian Constitution". Sri P.V. It cannot be laid down, as a rule of law, that in no case can a man, who has parted with the property in respect of which avoid or voidable instrument exists, sue to have such instrument cancelled. An agreement enforceable by law is a contract and agreement not enforceable by law is void, though an agreement enforceable at the option of one or more parties thereto becomes voidable. This interpretation is also supported by Section 18(a), which is to the effect that all instruments other than instruments of gifts and wills which purport to or create or assign right, title or interest in property of less than Rs. In these cases, though the party may not have executed document, if those are allowed to stand, it may become a potential source of mischief and danger to the title and a suit would, therefore, be maintainable for cancellation of such document. Be that as it is, though the cancellation deeds were executed on 20.08.2003, the writ petitions were filed after a period of one year in November, 2004. In the light of these submissions, this Court will have to see whether the registration authorities are duty bound to register such sham documents. There is any number of exceptions to the principle adumbrated under Section 8 of the TP Act, apart from the two important conditions of the transfer, namely; "that the transferor is entitled to transfer or the transferor is authorized to dispose of the transferable property not his own". The injury referred to in Section 31 need not be with reference to the person i.e., the true owner of the title, but can as well encompass the property involved. 100/- can be registered at the option of the parties. In situations such as these, does the law contemplate only remedy of seeking declaration or cancellation of the fraudulent transfer deed or does it enable the true owner to execute a deed nullifying the fraudulent transfer deed? Rao) in A.K. 93. It is hereby declared that on _________ the party of the Second Part i.e. Some more reasons for this conclusion are discussed in Part IV of this Judgment. The registering officers being public authorities have to act within the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document for registration. The dispute relating to cancellation of sale deeds, gift deeds etc., are in the realm of private law and requires to be adjudicated only in common law proceedings, such as a suit under the Specific Relief Act, 1963. This draft can be downloaded free and modified for contingent and urgent requirements. A transfer of a part only of such interests or for a particular period reserving the rest for the transferor himself is not a transfer of ownership. 22257 of 2004, which reads as under-. It is true there can be many owners and many purchasers but sale is incomplete unless the document is registered, which is a requirement under Section 54 of the TP Act and also under Section 17 of the Registration Act. 22298 of 2004 etc.,) vehemently opposed the writ petitions. It is to be reiterated that writ petition under Article 226 is not the proper proceeding for adjudicating such disputes. In W.P. The relevant observations are as under. In Concise Oxford Dictionary, it has been defined as criminal deception, use of false representation to gain unjust advantage; dishonest artifice or trick.... From dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he knows to be untrue yet he succeeds in misleading the representee by making him believe it to be true. 3600 of 1994, Book-I, Volume : 1612, pages : 291 to 304, dated : 30th August, 1994, Regd. Such an order could be appealed before the Registrar under Section 72 of the Act. 28. "Fraud unravels everything and no Court can allow a person to keep an advantage obtained by fraud nor Judgment of a Court or an order of a public authority can be allowed to stand if the same is obtained by fraud". The intention that the registration of such estates is to be transferred to the modern register is confirmed by power given to the Lord Chancellor to provide by order that all titles registered under the Land Registry Act, 1862 should be registered under the Land Registration Act, 1925 without cost to the parties interested. Section 54 has already been reproduced hereinabove. In case, the registering officer is not satisfied, he can refuse registration. The legal maxim 'ex dolo malo non oritur actio' applies and the vendor who knowingly committed an act declared by the law to be criminal cannot maintain action against the purchaser who refuses to take the title conveyed under the deed. The purpose of noting down these provisions of TP Act and the Registration Act is to come to a conclusion as to whether a vendor retains any interest in the property which he sold and of which a sale deed was executed and registered. Whether the present dispensation of law is in such ineffective state containing vacuum or is it the duty of this Court to interpret the existing statute law taking into consideration the phenomenal changes in the society and also fast changing values in the society to mould the existing policy in statute law so as to render fraudulent transfers ineffective without recourse to common law remedy? He is always entitled to seek proper declaration under Section 34 of the Specific Relief Act as has been rightly observed by the learned single Judge. It is a misconception to assume that whenever there is an instrument evidencing transfer of immovable property, a person has to seek a decree for cancellation of such instrument. Sections 31 and 34 of Specific Relief Act are relevant and read as under. 1486 of 2004. 181/1 to 181/6 and 182 of Nagaram village, executed agreements of sale-cum-General Power of Attorney documents in favour of one Syed Waheed Ahmed and that he purchased the land admeasuring Acs. A reference may be made to two decisions of the Supreme Court in this context. Accordingly, a suit for cancellation of instrument by a person who did not execute the document would not lie. When the transferor or a person authorized by such transferor does not have any authority either because there is no such entitlement to transfer or because there is no such authority to transfer, the remedies of the true owner entitled to transfer but who has not done so, could be many. Apart from that, after registration of the document, the Sub-Registrar could not re-open the matter. Having come to know this, the third respondent registered revocation of the agreement of sale-cum-General Power of Attorney and cancelled the sale deeds executed by Syed Waheed Ahmed including the one in favour of the writ petitioner. It is also to be seen that there are many disputed questions of fact, which this Court cannot delve under Article 226 of the Constitution of India. It is the submission of the learned Counsel that even when a cancellation deed is presented, the provisions of Section 32A of Registration Act requires compliance. The Supreme Court held that under that Section, the Collector had no such power, as under Section 31 of the Stamp Act, the Collector could only give his opinion as regards the duty, with which, in his judgment, the instrument was chargeable and once that duty was performed by the Collector, he would become functus officio. Desrani AIR 1927 All. (And Section 54, Paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908 (XVI of 1908). P. Dilip Kumar & Syed Nazir as Power of Attorneys to manage the property, that in respect of various extents of lands in survey Nos. It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard to the same, it is not a matter only between the appointing authority and the appointee concerned. Sale Deed of Agricultural Land 12.1.9. When once an endorsement is made as stipulated in Section 60 of the Registration Act, under Sub-section (2) of Section 61, registration shall be deemed complete and the document so registered shall have to be returned to the person, who presented for the registration. It may vary from generation to generation and may differ in the same generation, and public policy would be useless if it remains in fixed moulds for all time. It may vary from generation to generation and even in the same generation. A two-fold justification has been put forward. Clauses (a) to (h) under Section 6 of TP Act, deal with some of prohibited transfers. There are also cases where allegation of non-payment of sale consideration is made. 69A. It is lastly contended that nonpayment of sale consideration, competence of the vendor and identity of the property conveyed, do not render a sale transaction invalid. Neither in the Registration Act nor in the Stamp Act is there any provision giving to the registering officer any power to examine whether an instrument already registered was or was not duly stamped and to impound it. ), dealing with Section 39 of Specific Relief Act, 1877 (which is now Section 31 of the 1963 Act), a Division Bench of Bombay High Court interpreted the provision as enabling only the person who parted with the property under an instrument maintain an action for cancellation of the deed. We have no hesitation to say that a person whose case is based on falsehood, has no right to approach the Court. Such orders or removal would amount to recalling of fraudulently obtained erroneous appointment orders which were avoided by the employer-appellant after following the due procedure of law and complying with the principles of natural justice. 22298, 23005 and 23088 of 2004), the sale deeds were cancelled some time in August, 2003, but the writ petitions are filed with considerable delay. As seen from the statement of objects and reasons appended to the Registration bill, it consolidated seven enactments relating to registration of documents. Can you tell me how to obtain a copy of my deed? 15. But the Supreme Court found that after registration of a document, the registering authority would become functus officio and held, "After the registration of the 'Takseemnama' on 31st October 1956, the registering authority had no power to hold an enquiry regarding the value of the property covered by the deed and call upon the executant to pay the deficit stamp duty". However, the Act does not permit the registering officer to enquire into the title of the party presenting the document for registration and the situations mentioned in the above said provisions under which the registration can be refused are for different purpose and only under those contingencies he can refuse. A reading of Sections 38, 41, 42, 43, 48 and 53 would show that in all cases, a sale of immovable property does not always absolutely result in transfer of property forthwith to the transferee. It is a misconception that in every situation, a person who suffers injury by reason of a document can file a suit for cancellation of such written statement. Part I contains the definitions clause and Part II deals with "Registration Establishment" i.e., administration, management and organization of the registration department. Suhrid Singh @ Sardool Singh vs Randhir Singh & Ors. Mutation doesn't confer the ownership as such. Cancellation of sale deed is mandatory. In common law, there is no exception to the rule nemo date in favour of all persons, who allegedly purchased in good faith for value. This is a general reference work on all aspects of intellectual property, including international treaties and conventions, analyses of all fields of intellectual property, its administration, enforcement and teaching, technological and ... Before dealing further having regard to the Section 4 of the TP Act, which stipulates that the provisions of the TP Act relating to contract shall be taken as part of the Indian Contract Act, 1872, a reference need to be made to relevant provisions of the Contract Act. The case came before the Hon'ble Court after the Trial Court and Gujarat High Court allowed the application filed by the Respondents and held that the suit was barred by limitation. Process of the Court is being abused. Surendra Reddy as the second party. Transport Commr (1977) 2 SCC 283 it was observed that courts must avoid the danger of a priori determination of the meaning of a provision based on their own preconceived notions of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. The ensuing discussion is regarding second category of cases. They also filed writ petition being W.P. For ready reference, Section 18 is extracted as under. One meaning of the word "purports" as given by Murray in his Dictionary, is "alleged," and, therefore, it is reasonable to construe these words to mean "by whom it is alleged to have been written or made." A mortgage loan is another legal form which gives a borrower the opportunity to put up the property as a form of collateral . sample format -- cancellation of DOA The sale document may take several forms including a Cash Sale, Credit Sale, or Warranty Deed. There is no concept of a unilateral sale. What would happen when the transfer is made by a person without any valid title? suit land as accepted by way registered gift deed No. 12.1.5. Whether that exists or not, depends upon the circumstances of each case. It lays down-. 2000) . 20. 9:5171 Public Officer - (Sheriff, Marshal or other officer as a consequence of a judicial sale or other decree or action) CONVENTIONAL SALES . Besides this, what is sought to be revoked by this cancellation deed, is the earlier registered sale deed. An instrument purports to be a particular instrument which it more or less resembles and this definition applies to a part, as well as the whole, of an instrument. When the precedents are lacking, the Court can always be guided by principles underlying the fundamental rights and directive principles enshrined in our Constitution of India. No Court should be a party to the perpetuation of the fraudulent practice. 7. Under Section 32, when a document is presented by some person other than the person who executed the document, the registration can be refused and similarly under Section 35, the registering officer should be satisfied that the document presented for registration is in fact executed by the person, who appears before him and admits the execution. ...And in the Calcutta judgment, the words "by whom it purports to have been written or made" have been construed to mean that the writing which is in dispute must itself in terms express or indicate that it was written by the person to whom the writing is attributed. (4) No suit for the cancellation of a will can be instituted during testators lifetime. Under Section 38 of TP Act, a person who is authorized to transfer property only under specific conditions, but transfers the property for consideration though such conditions do not exist, as between the transferee and transferor, it is always open to the transferee to assume existence of such conditions if he has acted in good faith after taking reasonable care to ascertain the existence of circumstances. at the office of the Sub-Registrar, Khairatabad, Hyderabad-A.P. The limitation of 3 years for instituting suit for cancellation of sale deed, as per Article -59 of the Limitation Act, will be reckoned from the date of knowledge of the execution of the sale deed which was in January, 1975. It is stated that the builder contravened the sanction plan and on apprehension, the petitioner and others approached various forums for regularization of constructions. (1-A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of Section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said Section 53A. But, registration can be refused when the person by whom the document purported to be executed denies execution or the person, who purportedly executed is dead. 450 or to set aside the order recording compromise obtained by fraud. If it is variable, if it depends on the welfare of the community at any given time, how are the courts to ascertain it? sample format -- cancellation of DOA S. Sp. 217-218. Found inside – Page 797A safe and reliable remedy . or cancel its giving a three week's publication . previous order made in relation ... putting it to the vote of tachment , or sale on any final process , Every bottle of Caustic Balsam sold will the people ? 16. Subsequently, X wants to avoid the sale. Section 31 of the Specific Relief Act makes specific provision for cancellation of void as well as voidable instrument. The difference between the two situations is glaring. That may be true, but if the document itself shows that the party who executes the document has no title over the property, the Sub-Registrar is not bound to register such a document. WHEREAS the party of the first part herein has executed a Registered Sale Deed in favour of the party of the Second part in respect of undivided share of the property bearing M.C.H. The person, who has ex facie right whether such right is registered or not can always approach the registering authority, with a request to cancel a sale deed, which was registered earlier by such registering authority by showing that subsequent registration was obtained by fraud by a person who is not entitled to transfer the property or that such transfer was registered by playing fraud on the owner or on the stranger. We are constrained to say that more often than not. Let us now see the provisions of the Registration Act. Besides models of deeds, notices and affidavits make this work an indispensable companion of all the civil court practitioners." -- inside front cover. Following the decision in Property Association of Baptist Churches (1 supra), another learned single Judge in. Bindeshwari Pd. 49. Every suit of civil nature is cognizable by a civil court except cognizance of which is expressly or impliedly barred. Suit for cancellation of documents is a remedy provided in specific relief act 1877. 100/- and upwards requires compulsory registration or else under Section 49(c), such instruments, cannot be received as evidence of any transaction affecting such property. Therefore, the proper relief for the plaintiffs to seek in a case of this kind is a declaration of their own title or a declaration that the executant of the sale-deed in dispute has no title to the property. A civil suit before the civil court seeking cancellation of the fraudulently registered sale deed is the only solution before you now. Secondly, the public interest dictates that judicial review should be exercised speedily, and to that end it is necessary to limit the number of case in which judicial review is used. At the very outset, all the counsel submit that the dispute between vendor and vendee or true owner and transferee regarding the validity of a sale transaction in respect of immovable property is not amenable to writ jurisdiction as it is a private law dispute. Whether a person can nullify the sale by executing and registering a cancellation deed? ), Komal Chand v. State , Singh v. State , Ravindra Pharmaceutical Private, Limited v. State of Haryana , ONGC Limited v. Saw. Cancellation of Deed of Absolute Sale - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. 2. See Bhavandas v. Girdharlal and Co. and Superintendence Co. of India v. Krishna Murgai . 12. The limited scope of judicial review, succinctly put, is: (i) Courts, while exercising the power of judicial review, do not sit in appeal over the decisions of administrative bodies. While grouping the grounds of judicial review into three broad points, namely, illegality, irrationality and impropriety, the noble Lord observed. 4. It may be true that there is no such provision in the Registration Act, but if strictly interpreted, then the Registration Act would not empower the registering authority to register any document unless it falls within Section 17 or 18 of the Registration Act. 5. By registering so-called 'Cancellation of Sale Deeds', what the Sub-Registrars are doing, in effect, is that they are cancelling the registrations made earlier and once a registration is made, the Sub-Registrar has no power under the Registration Act to cancel such a registration, as he became a functus officio. yards, out of total land measuring 800 Sq. The copy of the Sale Deed is enclosed herewith the plaint. A learned Single Judge of this Court, relying on an earlier judgment of Single Judge in, 3. If the present practice of cancelling the duly registered sale deeds as prevalent in the State of Andhra Pradesh is approved, then, the whole public policy with regard to registration of documents would get vitiated. No. MURTHI, S/o. Maintainability of the writ petition was also disputed. The above queries need consideration of two aspects. Secondly, yes, it may be construed in a way that when the mutation has been cancelled then sale deed will also be of no value. 25661 of 2005, the petitioner seeks a writ of Certiorari quashing the registered document bearing No. The registering officer is also required to follow the Rules promulgated by IG under Section 69 of the Registration Act. CODE TITLE VII —SALE . This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi ... If forged sale deeds have been executed qua your property then it is worth filing civil suits for cancellation no matter how many deeds are executed. (i) Every document shall, before acceptance for registration, be examined by the registering officer to ensure that all the requirements prescribed in the Act and in these rules have been complied with, for instance,-. 82. CHAPTER 2. 25661 of 2005, the petitioner seeks a writ of Certiorari quashing the registered document bearing No. In support of the two main submissions, learned Counsel placed reliance on Muppudathi v. Krishnaswami AIR 1960 Madras 1 (FB. This Court cannot resolve these issues in writ petitions.
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