2020 Supreme(AP) 68

IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
U. DURGA PRASAD RAO, J.
Pinnama Raju Ranga Raju, - Petitioner
Versus
The State of Andhra Pradesh and ors. – Respondents
Writ Petition No.15003 of 2014
Decided On : 21-05-2020

Point of Law: Rule 26(k)(i) of the Registration Rules is not applicable in the instant case since this is a case of revocation of Settlement Deed, but not Sale Deed. These respondents were not served with any order of the Court of law restraining them from proceeding with the registration of cancellation of Settlement Deed in question. Besides unilateral cancellation or revocation of the Gift Settlement Deed is valid under Article 49 of Schedule IA of the Indian Stamps Act

Headnote:

Registration Rules - Rule 26(k)(i) – Petitioner prays for a writ of mandamus declaring the action of 3rd respondent who is the Sub-Registrar, Akiveedu in registering the Revocation Deed bearing document No.2635/2013 dated 28.10.2013 registered on 29.10.2013 revoking the Gift Settlement Deed dated 11.01.2005 executed by 4th respondent without the consent or knowledge of the petitioner and consequential Settlement Deeds executed by 4th respondent in favour of respondent Nos.6 to 8 vide documents bearing No.1069/2014 dated 25.04.2014; document bearing No.1036/2014 dated 23.04.2014 and document bearing No.1037/2014 dated 23.04.2014 as illegal, arbitrary and violative of the Registration Act and Rules and a consequential order to set aside the Revocation Deed and Settlement Deeds executed by 4th respondent – Held, judicial opinion consistently is that Rule 26(k)(i) though not specifically referred to other forms of conveyance other than Sale Deed, still the said rule applies to such conveyances like gift deed, Agreement to Sale-cum-General Power of Attorney (GPA) etc. For this reason, the contention of learned counsel for respondents that in conveyance of sale, the rights of the parties will be crystallized but in gift that is not the case and therefore, gift can be revoked at any time and further, Rule 26(k)(i) has no specific application to gift deeds cannot be accepted. In gift also the rights will be crystallized in favour of the donee. In this case, the cancellation was executed long after the gift deed was registered. Therefore, such unilateral cancellation is a procedural violation and against the tenets of law and revocation deed is liable to be set aside. It must be reiterated that the revocation or cancellation deed in this case is liable to be set aside not on merits but for procedural violation of Rule 26(k)(i). Consequently the Settlement Deeds executed by the 4th respondent in favour of respondents 6 to 12 which documents depend upon the validity of cancellation deed are also liable to be set aside. However, the parties are at liberty to question the validity of Gift Deed on the ground of fraud etc. by resorting to common law Court - writ petition is allowe

Facts of the Case:

4th respondent is the mother and respondents 6 to 8 are the sisters of petitioner. The 4th respondent filed O.S.No.139/1989 on the file of Senior Civil Judge, Bhimavaram against Akiveedu Gram Panchayat for declaration of title and recovery of possession in respect of Ac.0.38 cents which is item No.1 and Ac.0.14 cents which is Item No.2 in S.Nos.470/19 and 470/20 situated in Akiveedu Village. The suit was decreed on 12.04.1999 in favour of 4th respondent.

Finding of the Court:

judicial opinion consistently is that Rule 26(k)(i) though not specifically referred to other forms of conveyance other than Sale Deed, still the said rule applies to such conveyances like gift deed, Agreement to Sale-cum-General Power of Attorney (GPA) etc. For this reason, the contention of learned counsel for respondents that in conveyance of sale, the rights of the parties will be crystallized but in gift that is not the case and therefore, gift can be revoked at any time and further, Rule 26(k)(i) has no specific application to gift deeds cannot be accepted. In gift also the rights will be crystallized in favour of the donee. In this case, the cancellation was executed long after the gift deed was registered. Therefore, such unilateral cancellation is a procedural violation and against the tenets of law and revocation deed is liable to be set aside. It must be reiterated that the revocation or cancellation deed in this case is liable to be set aside not on merits but for procedural violation of Rule 26(k)(i). Consequently the Settlement Deeds executed by the 4th respondent in favour of respondents 6 to 12 which documents depend upon the validity of cancellation deed are also liable to be set aside. However, the parties are at liberty to question the validity of Gift Deed on the ground of fraud etc. by resorting to common law Court

Result: writ petition is allowed