Specific Relief Act Section 31 — When cancellation may be ordered

CHAPTER V CANCELLATION OF INSTRUMENTS

General

Summary

If a written document is legally invalid or can be invalidated, and you reasonably fear that keeping it in existence could seriously harm you, you can file a lawsuit asking the court to declare it invalid and order the document to be handed over and cancelled. The court has the discretion to grant this request. If the document was officially registered, the court must also send a copy of its order to the registration office, and that office must record the cancellation on its copy of the document.

Official Text

(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.