Does SRO has right to cancel the registration of property?
We have registered the property from my friend because he has to pay some money but that property having the loan from private bank still we make registration and now bank has knowing the truth registration has been done to some person without clearing the existing loan or without intimating to them . Now they went to sub register office they are questioned why you people are registered the document you needs to check the EC so i will file a case on sro .. now sro stating that we have received complaint so we will cancel the property without getting at least court notice. Whether sub register having authority to cancel the registered document without signing the both parties? If found fraud without having court order SRO having rights to cancel the document?
The sub register cannot cancel the registration document on its own discretion without obtaining the order from the court. The power to cancel the registered document lies with the civil court and not with the SRO under the provisions of the Registration Act 1908. The sub register office can record a complaint and inform the authorities but not cancel the registration solely based on the allegations. File a suit for injunction in the civil court restraining the SRO from canceling the document without a court order.
Sir, SRO does not have authority to cancel the registration without the order of court or without involving both parties in the process. For further legal assistance contact us on our helpline number.
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