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Can a sale deed be Cancelled after registration?

Can a sale deed be Cancelled after registration?

It is possible to cancel the registration of your conveyance or title deeds (sale, gift, exchange, transfer) by registering a cancellation deed. It cancels the property transfer that had taken place from the buyer to the seller. It must be signed by both, the buyer and the seller.

How can registry be Cancelled?

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.

Can a registered sale deed be challenged?

No, it cannot be challenged unless an application under s. 5 of limitation Act is accepted. Generally for declaration three years period of limitation is given from the date of cause of action is provided. The limitation to set aside a deed is 3 years from the date of its knowledge.

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Can a title deed be Cancelled?

Back to the precedence by Justice Musinga, revocation of a title deed can only be done by a court of law — not public officers. Justice Musinga said the Registrar of Titles could not arbitrarily revoke title deeds without notice and following the due process of law.

Will deed can be Cancelled?

According to this Act, cancellation is possible when and if: An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.

What are the grounds for cancellation of sale deed?

Cancellation

  • An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding.
  • If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.
  • The cancellation may be executed by mutual consent of all parties.
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When can a sale deed be Cancelled?

1. The sale deed once executed and registered can not be cancelled in any circumstances. 2. only if the sale deed is done by force, fraud , coercion or misrepresentation to the material fact then the court can on proof of these allegations can declare the deed as null and void.

Who can revoke a title deed in Kenya?

The power to revoke title has been vested on the National Land Commission as established by Article 67 of the Constitution. Further, there is no provision in the Government Lands Act, Cap 280 laws of Kenya that allows the respondents to unilaterally revoke title to property already allocated to an individual.

Can a deed of cancellation be accepted for registration?

Hence such a deed of cancellation cannot be accepted for registration. (ii) Once title to the property is vested in the transferee by the sale of the property, it cannot be divested unto the transferor by execution and registration of a deed of cancellation even with the consent of the parties.

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When can a deed be cancelled under Specific Relief Act?

Cancellation Sections 31 to 33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Act, cancellation is possible when and if: An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding.

When to cancel a deed of trust?

According to this Act, cancellation is possible when and if: An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908. The cancellation may be executed by mutual consent of all parties.

Can a sale deed be cancelled due to misrepresentation?

Such situations often arise due to misrepresentation of facts, suppression of facts and other related factors. The cancellation of any sale deed or any other document related to the property requires specific grounds about which a discussion is being given here by our experts.