Challenging or cancelling a property instrument

At a glance

Identify whether the claimant executed the document, what defect is alleged and what legal consequence is sought. Different situations may require different relief.

Law and context

Section 31 of the Specific Relief Act concerns cancellation of written instruments in its scope. Declaratory relief, court fees, limitation and possession may also need consideration. Labelling a deed fraudulent does not itself establish the appropriate cause of action.

Practical next step

Preserve the complete instrument, execution and registration particulars and evidence supporting the alleged defect. Record when the document and its effect became known.

Important qualifications

Do not alter or destroy a disputed original. This page does not choose the claim or calculate time for a particular challenge.

Document checklist

• Complete instrument
• Execution and registration details
• Discovery chronology
• Supporting genuine evidence

Sources

• The Specific Relief Act, 1963 — 31,34
• The Limitation Act, 1963 — Article59

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.