The Gauhati High Court has reiterated that once a sale deed is registered, the Sub-Registrar or Registrar becomes functus officio and has no power to cancel or reopen the registration. A registered sale deed can be cancelled only by a competent Civil Court.

Justice Anjan Moni Kalita observed, “a sale deed once registered by competent authority, i.e. the Sub-Registrar or the Registrar, the same cannot be cancelled by the Sub-Registrar or the Registrar. A cancellation of a registered sale deed can only be done by way of filing a suit for cancellation before the Civil Court.”

The ruling came in a writ petition challenging orders passed by the District Commissioner, Kamrup, declaring a registered sale deed invalid, cancelling the mutation granted in favour of the second petitioner and later dismissing their review petition.

The first petitioner owned and possessed three Kathas of land at Barsajai, Beltola, and subsequently sought to sell a piece of the land to her son, the second petitioner. The sale deed was registered in September, 2022 and mutation was subsequently granted in his favour. Around two years later, after an objection was raised on the land record portal, the District Commissioner declared the sale deed legally unsustainable. The review petition was later rejected mainly on the ground that the required NOC had not been obtained at the time of registration.

The petitioners submitted that once the sale deed had been registered before the competent authority, the District Commissioner could not have cancelled it, as no such power of cancellation is provided under the Registration Act, 1908.

The State, however, defended the action and also relied on Section 21 of the General Clauses Act, 1897 read with Section 23 of the Assam General Clauses Act, 1915.

The High Court held that the Registration Act permits scrutiny before registration but does not confer any power on the Registrar to cancel a document after registration.

“the provisions of Registration Act, 1908 do not confer the Registrar with the power to cancel a document which has already been registered.”

The Court further observed, “Post registration of the deed, the Registrar has not been given any power to reopen the deed for any kind of enquiry, whether on the basis of any complaint or on the basis of any information received about the validity of the deed.”

It also rejected the reliance on the General Clauses Act, noting that title had already passed upon registration, “Such indefeasible legal rights flowing from a registered instrument cannot be taken away without any statutory basis only by taking recourse to Section 21.”

Accordingly, the High Court held that the cancellation orders could not be sustained and set them aside.

Case No.: WP(C) 3111/2025

Case Title: Nilima Baishya & Anr. v. State of Assam & Ors. Devi & Ors. v. State of Assam & Ors.

LL Citation: 2026 LiveLaw (Gau) 150

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