Specific Relief Act (SRA)
Cancellation of Instruments: Sections 31 to 33
A forged sale deed, a gift procured by fraud, a release signed under a mistake: a written instrument can hang over a person like a threat, ready to be used against him. Cancellation is the remedy that removes the threat. Under Sections 31 to 33, a person against whom a void or voidable written instrument stands may have it adjudged void and ordered to be delivered up and cancelled. This note explains when cancellation is ordered, the treatment of registered instruments, partial cancellation, the duty to restore benefits, and the key distinctions the exam turns on.
Figure: Cancellation under Sections 31 to 33: the three requirements, registered instruments, partial cancellation, restoration, and key distinctions
1. When Cancellation May Be Ordered: Section 31
Three requirements, together ▪ A void or voidable instrument. There must be a written instrument that is void or voidable as against the person who sues. ▪ Reasonable apprehension of serious injury. He must have reasonable apprehension that the instrument, if left outstanding, may cause him serious injury. ▪ The court's discretion. The court, in its discretion, may then adjudge the instrument void and order it to be delivered up and cancelled. |
Registered instruments ▪ Section 31(2). If the instrument has been registered under the Registration Act, the court shall send a copy of its decree to the officer in whose office the instrument was registered. ▪ The entry. That officer notes on the copy of the instrument in his books the fact of its cancellation, so the public record reflects the decree. |
2. The Kinds of Instrument, and the Grounds
- Instruments commonly cancelled. Sale deeds, gift deeds, release deeds, settlement deeds, mortgage deeds, and powers of attorney, among others.
- Grounds. Fraud, misrepresentation, want of authority, forgery, or any cause that makes the instrument void or voidable against the plaintiff.
- Executant and non-executant. A person who executed the instrument, or is bound by it, sues to have it cancelled; a stranger who is not bound by it ordinarily needs only a declaration that it does not affect him, not cancellation.
3. Partial Cancellation: Section 32
Cancelling only the offending part ▪ The rule. Where an instrument evidences different rights or different obligations, the court may, in a proper case, cancel it in part and allow the rest to stand. ▪ The effect. A single deed may be cancelled only as to its offending, severable portion, leaving the valid part in force. |
4. Restoration of Benefit: Section 33
What the party relieved must give back ▪ On cancellation. The court may require the party to whom relief is granted to restore any benefit he received under the instrument, and to make such compensation as justice requires. ▪ Defendant resisting a voidable instrument. Where a defendant successfully resists a claim on a voidable instrument, the court may put him on terms to restore benefits he received. ▪ Void for incapacity: the minor's case. Where an agreement is void because the defendant was incompetent to contract, such as a minor, he may be required to restore the benefit he received, or to compensate the other party, to the extent that he or his estate has been benefited. |
5. Key Distinctions
Pair | The distinction |
|---|---|
Void vs voidable | A void instrument binds no one; a voidable one is valid until set aside. Either may found a cancellation suit |
Executant vs non-executant | The executant sues to cancel the deed; a stranger not bound by it needs only a declaration |
Cancellation vs rescission | Cancellation annuls a written instrument; rescission undoes a contract |
Cancellation vs declaration | Cancellation actively destroys the document; a declaration merely states the true position |
6. Frequently Asked Questions
Q. When can a written instrument be cancelled?
A. Under Section 31, where it is void or voidable against the plaintiff, he reasonably apprehends serious injury if it is left outstanding, and the court in its discretion adjudges it void and orders it delivered up.
Q. What happens when a registered instrument is cancelled?
A. Under Section 31(2), the court sends a copy of its decree to the registering officer, who notes the fact of cancellation on the instrument in his books.
Q. Can part of an instrument be cancelled?
A. Yes. Under Section 32, where an instrument evidences different rights or obligations, the court may cancel it in part and let the rest stand.
Q. Must a person who gets an instrument cancelled restore what he received?
A. Under Section 33, the court may require the party relieved to restore benefits and make compensation; a minor whose agreement is void may be required to restore benefit to the extent he or his estate was benefited.
SEO METADATA URL slug: cancellation-of-instruments-sections-31-to-33-specific-relief-act SEO title: Cancellation of Instruments: Sections 31 to 33 of the Specific Relief Act Meta description: Sections 31 to 33 of the Specific Relief Act 1963: when a void or voidable instrument may be cancelled, registered instruments, partial cancellation, restoration of benefit including the minor's case, and key distinctions. Keywords: cancellation of instruments Specific Relief Act, Section 31 cancellation, void voidable instrument, partial cancellation Section 32, restoration Section 33 minor |