https://www.taxtmi.com/caselaws?id=431572 A registered sale deed, once executed with transfer of possession and consideration, cannot be nullified by a later cancellation deed; the proper remedy for setting aside a void or voidable registered instrument lies under the Specific Relief Act. On the facts described, the later registered and duly stamped document was treated as a fresh transfer, so the holding period ran from that transfer date and the resulting gain was short-term capital gain. The conveyance was also read as transferring the entire property, including open land and appurtenant rights, not merely the superstructure, so capital gains could not be restricted to the building alone. en-us Mon, 12 Dec 2022 00:00:00 +0530 Fri, 16 Dec 2022 12:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431572 A registered sale deed, once executed with transfer of possession and consideration, cannot be nullified by a later cancellation deed; the proper remedy for setting aside a void or voidable registered instrument lies under the Specific Relief Act. On the facts described, the later registered and duly stamped document was treated as a fresh transfer, so the holding period ran from that transfer date and the resulting gain was short-term capital gain. The conveyance was also read as transferring the entire property, including open land and appurtenant rights, not merely the superstructure, so capital gains could not be restricted to the building alone. Case-Laws Income Tax Mon, 12 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431572