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Section 32: What instruments may be partially cancelled

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 31 All 44 Sections of Specific Relief Act Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 of the Specific Relief Act, 1963 provides that 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.

  • Severability of Rights and Obligations: Applies where an instrument is evidence of different rights or different obligations that are distinct and severable.
  • Partial Cancellation Power: The Court may, in a proper case, cancel it in part and allow it to stand for the residue.
  • Protection of Valid Unaffected Portions: Prevents an entire family partition, multi-property sale deed, or settlement from being struck down when fraud or invalidity affects only one distinct parcel or obligation.
Key Landmark Precedents:
  • Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: The Supreme Court noted that in joint family co-parcenary sales, a sale deed executed by one co-sharer in excess of their share can be partially cancelled under Section 32 to the extent of the non-consenting co-parcener's share.
  • Subhash Chandra Das Mushib v. Ganga Prasad Das Mushib, AIR 1967 SC 878: Discussed the doctrine of severability in cancelling fraudulent conveyances.
Courtroom Practice & Strategic Litigation Guidance:

In suits challenging a sale deed executed by a co-heir alienating joint ancestral property, pray for partial cancellation under Section 32 to the extent of your client's fractional undivided share without disturbing the vendor's own share.

Section 31 All 44 Sections of Specific Relief Act Section 33