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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO, J
Avuthu Rangamma Died Per Lr – Appellant
Versus
Avuthu Rama Subba Reddy – Respondent
JUDGMENT :
This second appeal is filed aggrieved against the Judgment and decree dated 28-9-2011 in A.S.No.182 of 2007 on the file of the VIII Additional District and Sessions Judge (Fast Track Court), Vijayawada, Krishna District, confirming the Judgment and decree dated 21-6-2007 in O.S.No.261 of 2004 on the file of the Rent Controller cum IV Additional Junior Civil Judge, Vijayawada.
2. The 1st appellant herein is the sole defendant and the respondent is the plaintiff in O.S.No.261 of 2004 on the file of the IV Additional Junior Civil Judge, Vijayawada.
3. The plaintiff initiated action in O.S.No.261 of 2004 on the file of IV Additional Junior Civil Judge, Vijayawada, with a prayer to cancel the revocation deed dated 16-8-2003 purported to have been executed by the defendant, unilaterally revoking gift of the plaint schedule property to the plaintiff made under the registered gift deed dated 07-6-1973, declaring that the said revocation deed as illegal, ab initio, null and void, inoperative and unenforceable and also to grant permanent injunction in favour of the plaintiff by restraining the defendant from ever interfering with the plaintiff’s peaceful possession and enjoyment of t
A registered gift deed cannot be revoked unilaterally without a court order, and revocation after 30 years is void.
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
Unilateral cancellation of a registered gift deed is prohibited without mutual consent, rendering such deeds void under Rule 26(i)(k)(i) of the Registration Act, 1908.
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.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The unilateral cancellation of a registered gift deed is void and non-est, as it violates the provisions of Rule 26(i)(k)(i) of the Registration Rules and Section 126 of the Transfer of Property Act,....
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.
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