APCRPCO Section 149 : Decree or Order for Cancellation of Registered Instrument
Act
Summary
Section 149 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, addresses the cancellation of registered instruments affecting immovable property. When a civil court issues a decree or order to set aside, discharge, or cancel such an instrument, a copy must be sent to the registering office. If the decree or order is later modified or reversed, updated copies must also be forwarded.
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Explanation using Example
Example 1: Cancellation of a Fraudulent Sale Deed
Introduction: Mr. Rao discovers that a fraudulent sale deed has been registered against his property by an imposter. He files a suit in the civil court to have the deed cancelled.
Application: According to Section 149 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, once the court issues a decree cancelling the registered sale deed, the court must send a copy of this decree to the registering office under the Registration Act, 1908.
Outcome: The registering office receives the decree and updates its records to reflect the cancellation of the fraudulent deed. This prevents any future transactions based on the invalidated document.
Conclusion: Compliance with this provision ensures that the fraudulent deed is officially nullified, protecting Mr. Rao’s property rights. Non-compliance could lead to continued legal disputes or unauthorized transactions.
Example 2: Modification of a Partition Deed
Introduction: A family dispute leads to a court order mo...
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