Simple rule for cancellation of deed..Rule for cancellation of deed.. Shohoz Ain.. Simple law..

Dear Viewers, In this episode, I have discussed the simple rules for voiding a document. Any party to a void or voidable document can file a case for voiding the document under Section 39 of the Specific Remedies Act; In addition to the parties to the document, those against whom the document is voidable or voidable can also file a case. Can a minor file a case? If a document is executed while a minor and the said document is voidable or voidable against him and the existence of the said document causes serious harm to the minor, the minor can file a case for voiding the document under Section 39 of the Specific Remedies Act. Some voidable documents Subject to the conditions of Section 39 of the Specific Remedies Act, 1877, any document can be declared void. Some voidable documents are mentioned below- A. Sale deed or clear receipt deed; B. Gift deed or Heba deed; C. Mortgage or mortgage deed; D. Will or testament; E. Lease or lease document etc. Whether a document can be partially annulled and partially upheld Section 40 of the Specific Remedies Act, 1877 states that where a document is evidence of different rights or different obligations, the court may, in appropriate cases, annul it in part and uphold the remaining part. Order of compensation – (Section 41) Section 41 of the Specific Remedies Act states that while passing a judgment for annulment of a document, the court may order the party to whom such remedy has been granted to pay compensation to the other party as may be necessary for justice. Burden of Proof in a Case of Cancellation of Documents In a case of cancellation of documents, the person who claims that the document is void or voidable against him and that such existence of the document may cause serious damage to that person, in that case the burden of proof of the said allegation lies on that person. Any person against whom a written document is void or voidable and if he has a reasonable apprehension that if such document is kept in an outstanding state, it will cause serious damage to him. In that case, that person can file a case for cancellation or voiding the document in a court of competent jurisdiction. Such a case is called a case for cancellation of documents. Example: Mr. Jalil Sahib gives a land to Mr. Aziz Sahib. Later, Jalil Sahib wills the said land to Mr. Mofiz Sahib and dies. Then Mr. Shahin Sahib took possession of the property and produced a forged document to the effect that the said land was executed for him with Mr. Aziz Sahib as trustee. Mafiz Sahib can cancel the said forged document. Conditions for filing a case for cancellation of the document 1. A written document against a person must be void or voidable. 2. There must be a reasonable apprehension to the document giver that the existence of the document will cause damage. 3. The existence of the document must cause serious damage to the giver; 4. The case must be filed within the specified time as per the Limitation Act; 5. The case must be filed subject to payment of the specified court fee as per the Court Fees Act. Limitation Period According to Section 91 of the Limitation Act, the case has to be filed within 03 (three) years of the knowledge of the person entitled to file a case for cancellation of the document under Section 39 of the Specific Remedies Act. However, in special cases, a case can be filed within 06 (six) years as per section 120 of the Limitation Act. Amount of Court Fee As per section 39 of the Specific Remedies Act, only in a case for declaration of cancellation or voidability of a document, a fixed court fee of 300 (three hundred) taka shall be paid as per section 12(3) of the Second Schedule of the Court Fees Act, 1870. However, if an application for delivery of documents and cancellation of documents is made along with the declaration of cancellation of documents, then for the first part, a fee of 2% shall be paid as per the table given in the First Schedule (B) of the Court Fees Act on the amount on which the plaintiff seeks relief as per section 7(4)(c) of the Court Fees Act. #Document #DocumentRevocation Contact Information Phone- 01671-043256 E-mail- [email protected] Facebook Page-   / advocateamirhamza.lemon   Instagram-   / advocatelemon   Twitter-   / advocatelemon