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V. R. K. KRUPA SAGAR
Pinninti Anasuya – Appellant
Versus
Egala Surya Mohana Rao – Respondent
JUDGMENT :
V.R.K. KRUPA SAGAR, J.
1. This appeal is directed against the judgment dated 28.06.2005 of learned Senior Civil Judge, Bhimavaram in A.S. No. 4 of 1996. By the said appeal, the learned first appellate Court set aside the judgment dated 31.01.1996 of learned I Additional District Munsif, Bhimavaram in O.S. No. 183 of 1993 and the suit was accordingly dismissed.
2. On 16.03.2006 a learned Judge of this Court admitted this appeal under Section 100 C.P.C. formulating the following substantial questions of law:
2. Whether the lower Appellate court is right in holding that the disputed document Ex.A.2 is settlement deed basing on the nomenclature of the document, without going into the contents of the documents?
3. Whether the lower Appellate Court is right in holding that the disputed document is a settlement deed, as such it cannot be revoked?
4. Whether the lower Appellate Court is right in considering the fact that the Ex.A.2 is a W
A settlement deed can create vested rights in the recipient, which cannot be revoked if the settlor has divested themselves of the right to do so.
A Settlement Deed executed with irrevocable terms cannot be unilaterally cancelled, and its interpretation must consider the entire document and the parties' intentions.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
The central legal point established in the judgment is the significance of the intention of the settlor and the transfer of interest in determining the nature and validity of a settlement deed.
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
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