Suits for Declaration and Cancellation of Documents

A suit for declaration and cancellation of Documents is a remedy provided under Section 39 of Specific Relief Act, 1877, when there is reasonable apprehension that the property may be transferred without due course of law and the Document is void or voidable and it may cause serious injury to the affected person. The affected person may file a suit to have this document adjudged void or voidable. The court may in its discretion adjudge this document and order to be cancelled and declare this document void or voidable.

According to Section 39 of the Specific Relief Act, 1877, the Cancellation may be granted by Court on following grounds:

  • When the written document in question is either void or voidable as against the plaintiff.
  • When the plaintiff may reasonably apprehend serious injury from the document being left outstanding.