AIR 2018 KARNATAKA 82

Karnataka High Court

Hon'ble Judge(s): B. Veerappa , J

(A) Bangalore Development Authority Act (12 of 1976) , S.38— Registration Act (16 of 1908) , S.88(1)— Specific Relief Act (47 of 1963) , S.31— Registered sale deed - Unilateral cancellation of , by BDA - Not permissible - Even if fraud is detected - Civil Court is only competent and exclusive authority to cancel sale deeds on obtaining proof of fraud played by vendor. Transfer of Property Act (4 of 1882) , S.54— When owner of property sells or conveys property to purchaser in written document and get same registered, right, title and interest in said property is transferred from owner to purchaser on registration of said document. Thus, once such sale transaction takes place, transfer is complete. Vendor of property seizes to be owner of property. Effect of registration of such instrument not only affects rights of parties to instrument-property whom claim under sale. After having executed registered instrument in nature of absolute sale deed, it was not open for BDA or Additional District Registrar to unilaterally cancel same. If document is void or voidable, BDA ought to have approached competent Civil Court for appropriate remedy in accordance with law. Civil court is only competent and exclusive authority to cancel sale deeds on obtaining proof of fraud played by vendor. 2008 (5) AIR Kar R 120, 2016 AIR SCW 4995, (2010) 15 S....