Back
RAVI CHEEMALAPATI
Peram Radhika Kiran – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT /ORDER :
The action of the 5th respondent in registering the Cancellation Deed bearing Document No.1358/2022, dated 12.04.2022, thereby unilaterally revoking the Gift Settlement Deed No.3638/2019, dated 23.11.2019 is questioned in this writ petition as being arbitrary and illegal and sought for a consequential direction to set aside the Cancellation Deed and the settlement deed bearing Document No.1510/2022, dated 30.04.2022 of the Joint Sub-Registrar, Puttur.
2. The case of the petitioner, in brief, is that her father-6th respondent, and her mother jointly purchased an extent of 480 Sq. yards, of which the subject property forms part of. In the year 2019, her father by way of Gift Settlement Deed No.3638/2019, dated 23.11.2019 gifted away his share of 240 Sq.yards in her favour and subsequently her mother transferred her share of the property of 240 Sq. yards by way of another Gift Settlement Deed No.6019/2021, dated 30.12.2021 and ever since she has been in possession and enjoyment of the same. Her husband got constructed a building therein, the same was assessed to property tax and the same is in finishing phase and they intend to earn their livelihood by renting out the
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.
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 main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in law.
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
Point of Law : Procedure prescribed under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under Registration Act, 1908 is applicable to deed of conveyance.
A unilateral cancellation of a registered gift deed without the donee's consent is void ab initio, reaffirming that rights pass to the donee upon valid execution of the gift.
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
