double document registration cancel & fraudulent document

506 votes

If two sale deeds/documents have been executed in respect of the same property, the proper remedy generally depends on whether the claimant is an executant of the disputed document and on the nature of the fraud/illegality. Where cancellation is required, a civil suit seeking declaration and cancellation under Section 31 of the Specific Relief Act, along with consequential injunction, is ordinarily appropriate. Since civil cases are already pending before the District Munsif Court, filing a writ petition before the High Court merely to obtain cancellation may not be maintainable, particularly where disputed questions of title and facts require evidence. The pending suit can generally be amended, if necessary, to include the relief of declaration/cancellation and appropriate interim injunction. The exact remedy should be decided after examining both documents, pleadings and the reliefs already sought in the pending suits.

Advocate Elango D LawRato

556 votes

If two registered documents have been executed in respect of the same property, the remedy depends on the nature of the dispute. Generally, cancellation of a registered document has to be sought before the competent Civil Court under Section 31 of the Specific Relief Act, 1963, along with declaration of title under Section 34 and appropriate injunction relief. If civil suits regarding the property are already pending before the District Munsif Court, filing a separate writ petition before the High Court for cancellation may not ordinarily be maintainable, particularly where disputed questions of title and facts are involved. The existing suit can generally be amended, if necessary, to include the relief of cancellation/declaration, subject to limitation and other procedural requirements. A writ may be appropriate only in limited circumstances involving a statutory/registration authority’s action or failure to perform a public duty, and not as a substitute for a civil trial. The exact remedy depends upon the dates, nature of both documents, parties to them, and the reliefs already claimed in the pending suits.

Advocate Hemalatha Narayanan LawRato

820 votes

If the document has been registered in favour of two different person only the first will be valid consideration, that original property purchaser has to file suit for cancellation and declaration, from court order to recover the property from forgery. Criminal complaint file against the person sold the property for fraud, forgery, impersonation, cheating, register FIR.

Advocate Sangeetha LawRato