Property registration is a legal procedure for acquiring ownership of the property. Once it is officially enrolled, the owner can discover various protections and rights under the law.
However, if the situation is not aligned with estimated regulations, the registration of a property can be cancelled. It may be due to various reasons such as an error in registration, violation of property laws and regulations, or fraud. Similar to a registration process, the cancellation also includes various procedures and formalities.
To prohibit illegal registration, the government has derived strict guidelines for any property registration.
Grounds for Cancellation of Illegal Registration
Both the seller and buyers have the right to cancel the purchase contract if they have valid reasons. A few common reasons are listed here:
Official Court Order
If a court of law announces an order to cancel the property registration, it will be cancelled legally. This is possible only when legal proof is submitted.
Fraud Activities Detected
Property registration can be cancelled if any fraudulent activities take place like submission of false documents, fake proofs, or misrepresentation of facts. Along with that, the buyer, seller, or party can cancel the registration with valid reasons under this ground.
Non-compliance with Legal Requirements
If a property registration process is identified as a violation of any legal regulations like nonpayment of stamp duty or registration fee, then it may be cancelled.
Mistakes Found
The party has the right to cancel the property registration if any mistakes or errors happen in the regulations like incorrect data being recorded in the document.
Illegal Occupation
If a specific property is illegally occupied or transferred without the consent of the legal owner, then a buyer has the right to cancel the registration.
Who Can Initiate Cancellation
Generally, the cancellation of property registration happens when the procedures are not aligned with the regulations. However, here are the lists of entities or individuals who can cancel the registration:
Property Owner: The property owner can cancel the registration under some significant circumstances like mutual agreement in property transactions or in case of fraudulent activities.
Court: A court of law can initiate the cancellation if legal grounds find such as forgery, fraud or disputes over ownership.
Registrar: The official body has legal rights to cancel the property registration when issues occur like errors in the registration process, illegal registration, legal disputes, or detection of fraud.
Government Authorities: In some cases, government authorities come forward to cancel the registration for certain reasons, such as eminent domain, unpaid taxes, or non-compliance with zoning laws.
Cancellation Process
The cancellation of a property registration involves several steps, and the outline is mentioned below:
Gathering Evidence
Submission of proof or evidence is a crucial step in the property cancellation process. Organize the relevant documents such as purchase agreements, original title deeds, or registration documents, including expert’s opinion, legal notices, and witness statements.
Notice to Parties Involved
Providing a notice to all parties who are involved in this registration process is the next vital step. It transparently informs them about the cancellation request and allows them to give their opinion. This step is essential to ensure that no one has an objection to this process before proceeding further.
Filing a Suit
With the required evidence gathered, legal action will be taken to cancel the property registration (i.e., filing a suit). The process takes place through the court system. They thoroughly review the case and inform parties to attend the hearing.
Court Proceedings
Court proceedings involve a judicial process once the cancellation of property registration is decided. Following that, both parties need to submit their evidence and significant points. The court validates all those proofs in different aspects to come up with the right judgement.
Court Order
A court decision is the final step. After a thorough verification, the court may approve or deny the request for property registration cancellation. If approved, parties can approach the relevant registry office to enable the registration process further.
Conclusion
In summary, the cancellation of property registration may happen due to various reasons and can be handled through legal regulations. It is important to understand the associated procedures and ask advice from legal experts to avoid complications in each step. The cancellation is enabled due to any reason; both parties should obey the court of law.
FAQs
Collect valid evidence such as expert reports, documents, and witness statements in accordance with the reason for cancellation. By submitting those proofs in court, you can cancel the property registration process. However, the court will approve the request only after verifying the records.
Yes, the cancellation of a property registration typically involves a legal regulation. When the registered owner or an affected party seeks assistance to cancel the registration due to reasons such as legal disputes, fraud, mistakes or errors. This process usually involves the submission of valid evidence. The court formally examines the documents and comes up with the right decision.
A sale deed can be cancelled within three years from the date of registration of the deed. After three years, the legality of the sale deed can be revoked only on strong grounds for cancellation like forgery or fraud.