Section 31 Specific Relief Act 1963 deals with When cancellation may be ordered.
— (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
How can one file for cancellation of a registered conveyance deed
There are cases when a co owner has not been included for execution and registration of a registered conveyance deed then in such circumstances the left out co owner may file a separate suit for cancellation of the deed being void or voidable. The right to seek cancellation of a registered instrument under Section 31 is a right in personam and not in rem which means that it affects the parties involved in the transaction. Also refer to this Judgment Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties & Ors. (2001)
Conclusion for Section 31 Specific Relief Act 1963
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