Cancellation of stamp and land registry Cancellation of stamp and land registry

7 months ago

Does SDM has power to cancel the registry and stamp on his own discretion. Even if the whole process is completely legal.

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
Your query requires more details for a suitable response. However, in short, it may be informed that the SDM being the Presiding Officer of the Maintenance Tribunal is empowered under Sec.23 of the Maintenance and Welfare of Parents and Sr. Citizens Act, 2007 to cancel a registered deed of gift or deed of relinquishment on receipt of a complaint over ill-treatment and abuse from the Sr. Citizen or Parnets transferring the title of any immovable property to his children or relative and whose maintenance is denied or neglected by their children or relatives and if the complaint is proved in course of hearing of the complaint. The Maintenance Tribunal after hearing both parties can even pass an order of maintenance for a sum up to Rs.10,000/-pm including an order of eviction of erring children/relatives from the property belonging to Sr. Citizens/Parents
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear Client,

The cancellation of registered documents is possible, but it is generally not at the sole discretion of an SDM. Cancellation typically requires legal grounds, such as fraud, forgery, coercion, or other irregularities in the registration process. Stamp duty is governed by state-specific laws, and it is generally not within the discretionary power of an SDM to cancel stamp duty unless there are legal reasons to do so. While SDMs and other authorities have some discretion in specific matters, their actions should generally be in accordance with the law. They cannot arbitrarily cancel registries or stamp duties without proper legal justification. If you believe that the registered document or stamp duty has been wrongly or illegally canceled, you can seek legal remedies involving approaching the court.
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