Can a sub-registrar unilaterally cancel a sale deed or any deed of conveyance once it is already registered and acted upon by the recipient? No, said a full bench of Madras high court.
“…Unilateral cancellation of sale deed or a deed of conveyance is wholly void and non est and does not operate to execute, assign, limit or extinguish any right, title or interest in the property. Such unilateral cancellation of sale deed or deed of conveyance cannot be accepted for registration,” held the bench comprising Justice S S Sundar, Justice G R Swaminathan and Justice R Vijayakumar.
The bench was passing the order while hearing a batch of petitions referred to it to answer as to ‘whether the registrar has the power to accept the deed of cancellation to nullify the deed of conveyance made earlier, when the deed of conveyance has already been acted upon by the transferee.’
The transferee or anyone claiming under him/her need not approach the civil court and a writ petition is maintainable to challenge or nullify the registration. However, an absolute deed of sale or deed of conveyance which is duly executed by the transferor may be cancelled by the civil court at the instance of transferor as contemplated under Section 31 of Specific Relief Act, observed the judges.
As regards gift or settlement deed, a deed of revocation or cancellation is permissible only in a case which falls under Section 126 of Transfer of Property Act, and the registering authority can accept the deed of cancellation of gift for registration subject to certain conditions.
Referring to earlier Supreme Court verdicts, the judges observed that a sale deed or a deed of conveyance other than testamentary dispositions which is executed and registered cannot be unilaterally cancelled.