Sections 31-32 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 31 lets a person against whom a written instrument is void or voidable, and who reasonably apprehends that it may cause him serious injury if left outstanding, sue to have it adjudged void or voidable and have it delivered up and cancelled. If the instrument is registered, the court sends a copy of its decree to the registering officer. Section 32 allows partial cancellation where an instrument is evidence of different rights or obligations.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Section 31(1): a person against whom a written instrument is void or voidable, and who has reasonable apprehension that it may cause him serious injury if left outstanding, may sue to have it adjudged void or voidable; the court may in its discretion adjudge it so and order it delivered up and cancelled. Section 31(2): if the instrument is registered, the court shall send a copy of its decree to the registering officer, who notes the cancellation. Section 32: where an instrument evidences different rights or obligations, the court may cancel it in part and let the residue stand.
Section 31(1): who can sue and why
"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."
Four requirements follow.
- A written instrument. The section is about documents: deeds, agreements, mortgages, powers of attorney and similar papers in writing.
- Void or voidable against the plaintiff. The instrument is void, or voidable, "against" him. For the Contract Act's ideas of void and voidable agreements, see our posts on what agreements are contracts, on voidable agreements where consent is not valid and on void and voidable contracts. Those section numbers belong to the Contract Act.
- Reasonable apprehension of serious injury. The plaintiff must have a reasonable apprehension that the instrument, "if left outstanding", may cause him serious injury. An instrument that stays on the record can be used against the plaintiff later; that is the apprehension the section addresses.
- Discretion. The court "may, in its discretion" adjudge the instrument void or voidable and order that it be "delivered up and cancelled".
An invented example: Latika's signature appears on a sale deed that she says was obtained from her by fraud. The deed is voidable against her. She fears that, left outstanding, it will let the buyer sell the property on and cause her serious injury. Under section 31(1), she may sue to have it adjudged voidable and ordered delivered up and cancelled.
A suit about a document of this kind turns on the facts of how the instrument came to be signed. If you are in this position you can talk to our dispute resolution team about whether to sue and what proof you will need.
Section 31(2): registered instruments
"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."
Two steps follow a decree in the case of a registered instrument: the court "shall" send a copy of its decree to the officer in whose office the instrument was registered, and that officer "shall note on the copy of the instrument contained in his books the fact of its cancellation". This keeps the public record in line with the decree. The Act gives no forms or fees for this step, and none is stated here. For the Registration Act, see our introduction to the Indian Registration Act, 1908 and our post on the effect of non-registration of a document. Section 3(b) of the Specific Relief Act saves the operation of the Registration Act on documents; see sections 3-4.
Section 32: partial cancellation
"Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue."
The section recognises that one document can record more than one right or obligation. If only one of them is tainted, the court "may, in a proper case" cancel the instrument in part and allow it to stand for the rest. The phrase "in a proper case" leaves the matter to the court's judgment. Compare section 27(2)(d) on rescission, where a non-severable part cannot be rescinded alone; see section 27.
| Provision | Rule | Key words |
|---|---|---|
| 31(1) | Suit for cancellation | Written instrument void or voidable against plaintiff; reasonable apprehension of serious injury; court's discretion; delivered up and cancelled |
| 31(2) | Registered instrument | Court shall send copy of decree to the registering officer; officer notes cancellation |
| 32 | Partial cancellation | Instrument evidences different rights or obligations; cancel in part, stand for residue |
What follows a cancellation
When an instrument is cancelled, the court may require the party who got the relief to restore any benefit he received from the other party and to make compensation justice requires; that power is in section 33. The comparable power on rescission of a contract is in section 30. Cancellation differs from rectification, which corrects an instrument rather than ending it; see section 26.
Practical points
Keep the original or certified copy of the instrument and evidence of how it came to be signed. Note the date on which you learnt of the facts, because the law of limitation may count from that knowledge. For the time to sue to cancel an instrument, see the Limitation Act article on cancellation of instruments, setting aside decrees and rescission of contract; this Act prints no period for sections 31 or 32. Check whether the instrument is registered, since section 31(2) then applies. Consider whether only part of the document is affected, in which case section 32 may be relevant.
Need help with a deed that should not stand?
A void or voidable document left outstanding can cause serious trouble later. You can bring the instrument and the background to our dispute resolution team to decide whether a cancellation suit is the right step.
Key takeaways
- Section 31(1) lets a person against whom a written instrument is void or voidable sue for its cancellation if he reasonably apprehends serious injury.
- The court may, in its discretion, adjudge the instrument void or voidable and order it delivered up and cancelled.
- For a registered instrument, the court shall send a copy of its decree to the registering officer, who notes the cancellation.
- Section 32 allows partial cancellation where an instrument evidences different rights or obligations.
Read next
- Section 33 of the Specific Relief Act, 1963: restoring benefit or compensation when an instrument is cancelled
- Section 26 of the Specific Relief Act, 1963: rectification of instruments
- Section 27 of the Specific Relief Act, 1963: rescission of contracts, when adjudged or refused
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.