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Deed of Cancellation

રદ કરવાનો દસ્તાવેજ

Undoing a registered document is a formal exercise requiring both parties, not a matter of tearing up a copy.

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Both parties must be present.

Following a Gujarat High Court ruling, cancellation of a registered banakhat requires both parties to attend, with a registration fee payable on the cancellation. Vadodara Sub-Registrar offices apply this. It means a deal that may not complete needs its exit route thought through at the outset, because walking away later is a two-signature exercise.

When cancellation is the right instrument

Where both parties agree that a registered document should no longer stand — an agreement to sell that will not proceed, a transaction abandoned by consent — a deed of cancellation records that and is registered against the original. The record then shows the position accurately.

When it is not

A deed of cancellation is a consensual instrument. It cannot be used unilaterally to undo a completed conveyance, and a purported cancellation of a sale deed by the seller alone does not divest the buyer. Where a document is said to be vitiated by fraud, coercion or misrepresentation, the remedy is a suit to have it set aside — not a cancellation deed.

Where the other side will not cooperate.

If a registered banakhat is holding up your property and the counterparty has disappeared or refuses to attend, the position depends on what the agreement provides about default, forfeiture and time. Bring the document and the correspondence; there is usually a route, but it is rarely a cancellation deed.

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • The original registered document and its Index-2
  • Photo ID for both parties
  • Correspondence about the abandonment or default
  • Details of any earnest money paid and its treatment

Related

Common questions

Can I cancel a registered banakhat on my own?

No. Gujarat practice, following a High Court ruling, requires both parties to be present for cancellation of a registered banakhat, with a registration fee. Where the other party will not attend, a different route is needed.

Can a seller cancel a sale deed after registration?

Not unilaterally. Once a conveyance has been executed and registered, title has passed. A seller who says the transaction was procured by fraud must sue to have it set aside; he cannot simply register a cancellation.

What happens to the earnest money on cancellation?

Whatever the original agreement provides — forfeiture, refund, or refund with interest. That clause is the reason default provisions matter far more than most parties assume when they sign.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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