Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
User Name :
Password :
New Subscriber
Forgot Password
 

Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Annulment of a deed

Monday, April 19, 2010
Annulment of a deed

Annulment of a deed — Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed — But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non-est, or illegal or that it is not binding on him — The difference between a prayer for cancellation and declaration in regard to a deed of transfer/conveyance, can be brought out by the following illustration relating to ‘A’ and ‘B’ — two brothers. ‘A’ executes a sale deed in favour of ‘C’ — Subsequently ‘A’ wants to avoid the sale — ‘A’ has to sue for cancellation of the deed — On the other hand, if ‘B’, who is not the executant of the deed, wants to avoid it, he has to sue for a declaration that the deed executed by ‘A’ is invalid/void and nonest/ illegal and he is not bound by it — In essence both may be suing to have the deed set aside or declared as non-binding — But the form is different and court fee is also different — If ‘A’, the executant of the deed, seeks cancellation of the deed, he has to pay ad-valorem court fee on the consideration stated in the sale deed — If ‘B’, who is a non-executant, is in possession and sues for a declaration that the deed is null or void and does not bind him or his share, he has to merely pay a fixed court fee of Rs. 19.50 under Article 17(iii) of Second Schedule of the Act — But if ‘B’, a non-executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an ad-valorem court fee as provided under Section 7(iv)(c) of the Act — Court Fees Act, 1870, Section 7(iv)(c) and Entry 17(iii) of Second Schedule.

 
Act Topic
Rule Citation
Keyword
 
Free Text Search
 
Follow us on :
(Best view with 1024x768 Resolution)
© All rights including Copyrights and rights of translations etc, reserved and vested exclusively with Deepak Publications. No part of this publication may be reproduced or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, or stored in any retrival system of any nature without the written permission of the copyright owner.

By using this site, you (and any entity on whose behalf your are acting) are consenting to be bound by Terms & Conditions, Privacy Policy & Disclaimer Clause.