Can transfer deed of property be cancelled unilaterally by transferor after 5 yr

[Anonymous]

My father had purchased certain properties in the name of my elder brother. After death of my parents, we two brothers entered into a settlement. As per this, my brother transferred one property to me. This occurred 5 years back and transfer deed was registered in sub-registrar court. Now, after 5 years, my brother said that he has cancelled the above transfer deed and is asking me to return property. Can it be done by him? Will sub-registrar register unilateral cancellation deed of my brother?

[Dr. Ashok Dhamija]

A transfer deed cannot be cancelled unilaterally by the transferor in this manner. The sub-registrar will not register any such unilateral cancellation deed signed only by the transferor. If at all the transferor alleges that there was any fraud or malicious act in the original transfer due to which it was an illegal transfer, he may have to approach the competent court for appropriate order for cancellation of the transfer deed. Without the order of the competent court, a transfer deed cannot be cancelled unilaterally in such manner.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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