Registrar has no power to accept cancellation deed, says Madurai Bench of Madras High Court

MADURAI: A three-judge Bench of the Madurai Bench of Madras High Court recently held that the Registration department has no power to cancel a deed of conveyance (a legal document that is used to transfer the title of property from one person to another) registered under the Registration Act.

The Bench comprising Justices SS Sundar, GR Swaminathan and R Vijayakumar, was constituted by the Chief Justice of Madras High Court to answer a reference made by Justice S Vaidyanathan for deciding if the Registrar could accept a deed of cancellation, and whether the aggrieved parties, in such matters, should only approach the civil court or can also move the High Court. The reference was made in a batch of cases listed before the judge in 2020.

The three-judge Bench observed, "The Registration Act does not deal with unilateral cancellation of a sale deed. The Registration Act does not confer any power to the registrar to cancel a document which had been registered as per the Act." Referring to various judgments passed by the Supreme Court, the Bench concluded that a sale deed or a deed of conveyance, which is executed and registered, cannot be cancelled unilaterally and such unilateral cancellation is invalid.

"The Registrar has no 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 judges said. They further added that the aggrieved parties need not approach the civil court and a writ petition is maintainable to challenge or nullify the registration.

As far as cancellation of gift or settlement deeds are concerned, the registering authorities can accept the deed of cancellation subject to certain conditions, the judges said. They also added that the above principles cannot be applied to cancellation of Wills or power of Attorney deed.