For the annulment of a sale deed, an executant should seek its cancellation while a non-executant must seek declaration of its invalidity, the Kerala High Court has ruled.
“When there is a sale deed, if the executant wanted to annul the same, he had to seek cancellation of the said deed or the relief to set aside the deed. If a non-executant seeks annulment of a deed, he had to seek a declaration that the deed is invalid, or non est or, illegal or that the deed is not binding upon him,” the HC said in its order dated October 5, 2023.
A party could not ignore a sale deed and seek the relief of partition without seeking a declaration either to set aside the deed t or to treat the document as non-est and not one binding upon him and the property covered by the sale deed, the HC said while passing its verdict in the Fathima Beevi v Abdul Rahman case. The court relied on the Supreme Court decision in the Suhrid Singh @ Sardool Singh versus Randhir Singh and Others case of 2010.
A registered sale deed can be cancelled, following the rules and regulations prescribed under various laws in India. Those who want to cancel a sale deed through legal channels have to first file a civil suit to cancel a registered sale deed. Following a decree by the court, the sub-registrar is directed to cancel the sale deed.
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