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2012 Supreme(AP) 139

L.NARASIMHA REDDY
Kapuganti Jagannadha Gupta – Appellant
Versus
District Registrar, Srkakulam – Respondent


Advocates Appeared:
For the Petitioner:P. Rajasekhar, Advocate.
For the Respondents:R1 to 3, Government Pleader for Revenue , R4, G. Elisha , R5 to 6, Sri A. Jagannadha Rao, Advocates.

Judgment :

The petitioner and respondent No.7 are the sons of respondent Nos.5 and 6. Respondent Nos.5 to 7 executed a deed of gift on 15.09.2004 in favour of the petitioner transferring an item of immovable property. The petitioner states that he accepted the gift and made several improvements to the property by incurring expenditure. The 5th respondent executed a deed of cancellation of the gift on 19.09.2011 and the same was admitted to registration by the Sub Registrar, Srikakulam, the 2nd respondent. The petitioner challenges the action of the 2nd respondent in registering the document. The petitioner contends that when the gift was accepted by the donee and valuable rights have accrued, the donor has no power to revoke it. He contends that the deed of cancellation can be accepted by registering authority, only when it is executed with the consent of the parties to the transaction.

The 5th respondent filed a counter affidavit opposing the writ petition. He contends that though the property exclusively belongs to him, the gift deed was executed by himself and respondent Nos.6 and 7. It is stated that the gift in favour of the petitioner was conditional and the necessity to cance







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