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A deed of cancellation leads to the rescission of the contract, and as per Section 62 of the Indian Contract Act, any rescission must be done only bilaterally.
Procedure for Cancelling a Memorandum of Deposit of Title Deed (MODT) Step 1: Obtain a No Objection Certificate (NOC) from the lender or creditor. ... Step 2: Draft a cancellation deed. ... Step 3: Obtain signatures from the lender and witnesses. ... Step 4: Submit the cancellation deed for registration.
How MOD is Cancelled? Once the loan has been repaid in full, the lender has to cancel the MOD and free the property from lien. An official from the lender will visit the registration office and make a release deed, confirming the registration department to release the MOD and lifting the lien on the property.
While MODT charges are not mandatory for all home loans, they are usually required for secured home loans where the property is used as collateral. The requirement of MODT charges depends on the policies of the lender and the type of loan, and it is advisable to check with the lender regarding the same.
A duly signed sale deed may be cancelled by a civil court at the insistence of the seller, as prescribed under Section 31 of the Specific Relief Act, the HC has ruled. Section 31 of the Specific Relief Act, 1963 talks about the circumstances in which a cancellation may be ordered.