What is the process of cancellation of the Sale Deed?

Sale deed cancellation involves a legal process that effectively nullifies the property transfer originally documented in the sale deed. Before proceeding, it's important to know the valid grounds on which a sale deed can be cancelled.

How to Cancel Registered Sale Deed?

The valid grounds on which a cancelation of sale deed is possible are,

• Mutual Consent: Both parties (the buyer and seller) agree to cancel the sale.

• Misrepresentation or Fraud: If the sale was based on false information or deceitful practices.

• Failure to Fulfill Conditions: If the buyer has not fulfilled the conditions agreed upon in the sale deed.

• Legal Issues: Any legal impediments that may render the sale void.

How to Cancel Sale Deed?

Prepare a Cancellation Deed: This is a formal document that outlines the intention to cancel the sale deed. The cancellation deed should include:

1. Details of the original sale deed (date, registration number, parties involved).

2. The grounds for cancellation.

3. Any terms agreed upon for the cancellation.

Consult a Lawyer: It’s advisable to consult with a legal professional to ensure that the cancellation deed is properly drafted and complies with local laws.

Collect all necessary documents to support the cancellation process, including:

1. Original sale deed.

2. Cancellation deed (to be executed).

3. Identification proof of both parties (Aadhaar, PAN card, etc.).

4. Any supporting documents related to the grounds for cancellation.

Execute the Cancellation Deed

1. Signing: Both parties must sign the cancellation deed in the presence of witnesses.

2. Notarisation: While not always mandatory, it’s advisable to have the cancellation deed notarized to add a layer of authenticity.

Register the Cancellation Deed

1. Go to the sub-registrar office where the original sale deed was registered.

2. Submit the cancellation deed along with the original sale deed and any other required documents.

3. You may need to pay a stamp duty and registration fee for the cancellation deed. The rates vary by state, so check local regulations.

If either party does not agree to the cancellation or if disputes arise, it may be necessary to approach a civil court to resolve the issue.

Read More:

The process of cancellation of the sale deed involves filing a petition before the competent court by one of the parties to the deed praying it to be canceled and stating the reasons for cancellation

.

The deed that needs to be canceled must be registered according to the laws prescribed in the Indian Registration Act. The process of cancellation can only be executed by the Registrar after the Civil Court gives an order for cancellation of the concerned deal. The petitioner seeking sale deed cancellation must carry a civil case after paying an appropriate court fee.