Shri Ganpati Jurists Legal Learning & Awareness:
Legal Learning | Declaration vs. Cancellation of Sale Deed
Key Insight:
A plaintiff not party to a sale deed is not required to seek its cancellation under Section 31 of the Specific Relief Act, 1963.
Why?
If the plaintiff claims ownership/title and the sale deed was executed by someone else without any privity of contract, they only need to seek a declaration that the deed is invalid or not binding—not its cancellation.
Legal Principle:
Declaration of title under Section 34 is sufficient; cancellation is only needed when the plaintiff is the executant of the deed.
Takeaway:
No need to cancel what doesn’t bind you. A declaration is enough where there's no direct involvement in the sale deed.
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