Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Defendant contended that sale deed executed on 15.4.1971 - Onus is on defendant to establish the execution of sale deed on said date - However, no evidence led in support of such fact - More so, sale deed was executed in favour of plaintiff also and original owner of sale deed during his lifetime..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - If an executant of a document seeks any relief with reference to such document on ground of fraud, then he must get such document cancelled or set aside before he can claim such relief, being a party to the same - However, a person not party to any document, is not bound to have it set aside or cancelled -..........
Specific Relief Act, 1963, Section 29, 30, 31 -- Recession of contract - An action for recession of a contract and delivering up that contract to be cancelled is an action in personam which can be subject matter of suit for specific performance can be subject matter of arbitration...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Cancellation of instrument u/s 31 of the Act is as between parties to action and their privies and not against all persons generally, as instrument that is cancelled is to be delivered to plaintiff in cancellation suit...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of document - When cancellation of a deed is sought by executant, such person approach Court u/s 31 of the Act and action under said provision is in personam - But when it comes to cancellation of a deed by non-executant, such person must approach Court u/s 34 of the Act, as such action u/s 34 of the Act would..........
Specific Relief Act, 1963, Section 31 -- Cancellation of Will - Suit property self acquired property of father of plaintiff - Registered Will executed by father of plaintiff in favour of defendant which is duly proved in accordance with law - Concurrent findings of Courts below dismissing suit - No interference warranted in said findings - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 31, Registration Act, 1908, Section 83A -- Registered sale deed - Cancellation - Sub Registrar is not vested with powers to register cancellation deed unilaterally - Once registration of sale deed is effected in accordance with law, then only alternative available to vendor other than the ones take care of u/s 83A of Act of 1908, is to..........
