Registering Authority Cannot Cancel/Set Aside An Already Registered Sale Deed: Allahabad HC (FB) [Read Order]

‘Once a sale deed has been registered, the registering authority is having no energy or authority below the [Registration] Act, 1908 to cancel the registration, even supposing an allegation of impersonation/fraud is claimed.’

The Full Bench of Allahabad High Court in Kusum Lata vs. State of UP has held registered sale deed can’t be cancelled or put aside by means of registering authority or by means of any authority invoking administrative powers, if the registration is wondered even at the rely of impersonation/ fraud.

The Bench of Justice Govind Mathur, Justice Ram Surat Ram (Maurya), and Justice Jayant Banerji had been answering connection with it by means of a department bench noticing divergent opinion in two previous department bench judgments.

Following had been the questions referred:

  • Whether after a sale deed has been registered, the Assistant Registrar has any authority of legislation to cancel the registered sale deed below the provisions of the Registration Act, 1908 even supposing allegations of impersonation/fraud are made?
  • Whether the allegations of fraud are necessarily, an allegation of reality which want exam of oral or documentary proof and will also be adjudicated at the foundation of proof to be led by means of the events prior to competent civil court docket?

The Full bench quoted a contemporary department bench judgment in Krishna Kumar Saxena vs. State of U.P.  through which it was once held that, in no case registration of sale deed will have been withdrawn and the sale deed will have been annulled by means of administrative fiat. The mentioned judgment refers to Satya Pal Anand Vs. State of Madhya Pradesh through which Apex Court held that the registering authority may just no longer make a decision whether or not the record which was once finished by means of an individual who had name as was once recited within the given software.

“If the document registered by the registering authority was illegal or if there was any irregularity then the course to question that was by invoking appropriate proceedings before a Civil Court. In light of whatever stated above, we are having no doubt in arriving at the conclusion that once a sale deed has been registered, the registering authority is having no power or authority under the  Act, 1908 to cancel the registration, even if an allegation of impersonation/fraud is alleged”, the bench mentioned.

Read the Order Here

Updated: May 27, 2018 — 2:39 pm
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