It was pointed out how a conveyance is different from any other transfer under TOPA and the peculiar aspects of conveyance which need to be considered while deciding the matter regarding cancellation thereof. The matter was decided by a single judge wherein it was held that since unilateral cancellation deed was executed without consent of other party and same did not comply with requirements of Section 32 A of the Registration Act, such cancellation deed was quashed and appeals were filed challenging the said order.Īn Amicus Curie was appointed by the court. However, after almost 10 years of registration of sale deed, the appellant being vendors therein registered a unilaterally executed cancellation deed. It was the case of respondent that she had paid the consideration payable under registered sale deed executed in her favour and had been put in possession of the immovable property purchased thereunder. , the aforesaid aspects around cancellation of conveyance were thoroughly discussed. In the matter of Latif Estate Line India Ltd. A sale U/s.54 of TOPA includes within its scope transfer of ownership rights in exchange for price promised to be paid-part paid and part- promised. It is not mandated under the TOPA that for sale to take place the entire price/consideration has to be paid. 'Sale' is also defined U/s.54 of TOPA, which means transfer of ownership in exchange for price. 5 of the Transfer of Property Act, 1882 (" TOPA") it is provided that 'Transfer of property' is 'performing of an act' whereby a living person conveys the property. However unlikely it may seem that once the conveyance is executed there can not be any cancellation thereof, still there are instances of cancellation or attempts of cancellation of such complete document of conveyance executed between the parties.
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