Cancellation of Registered Instrument -- Effect of Court Declaration -- Registering authority required to endorse cancellation in records
(i) Specific Relief Act, 1963, S.31(2) -- Karnataka Registration Rules, 1965, R.123 -- Cancellation of Registered Instrument -- Effect of Court Declaration -- Once a competent Court declares a registered instrument void or cancelled, the registering authority is required to make an appropriate endorsement in the register and indexes indicating such cancellation. (ii) Specific Relief Act, 1963, S.31(2) -- Karnataka Registration Rules, 1965, R.123 -- Cancellation of Registered Instrument -- Certified Copy of Decree Produced by Party -- Where a certified copy of a decree cancelling a registered instrument is produced, the registering authority cannot refuse to act upon it merely because the decree was not separately communicated by the Court. Certified copies issued by Courts carry statutory authenticity and must be treated as conclusive proof of the decree. (iii) Specific Relief Act, 1963, S.31(2) -- Karnataka Registration Rules, 1965, R.123 -- Cancellation of Registered Instrument -- Directions to Civil and Commercial Courts -- Whenever a decree cancels or declares void a registered instrument relating to immovable property, the Court shall direct transmission of a copy of the decree to the jurisdictional Sub-Registrar, ordinarily within four weeks of the decree, clearly stating the document number, date of registration, book and volume, and nature of the document cancelled, along with a covering communication requesting necessary entries in the relevant register and indexes. (iv) Specific Relief Act, 1963, S.31(2) -- Karnataka Registration Rules, 1965, R.123 -- Cancellation of Registered Instrument -- Directions to Sub-Registrars -- On receipt of a decree communicated by a civil Court cancelling a registered document, the Sub-Registrar shall make the required entries within four weeks. Even without formal communication, if a party produces a certified copy of the judgment and decree, the Sub-Registrar shall verify its authenticity and record cancellation without insisting on separate orders of a higher authority. The role of the Sub-Registrar in such matters being ministerial, the authority shall not adjudicate upon correctness or validity of the decree.
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