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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO
Venu Ramireddy, S/o. Kopparthi Maheswarareddy – Appellant
Versus
State Andhra Pradesh – Respondent
ORDER :
TARLADA RAJASEKHAR RAO :
1. The present Writ of Mandamus is filed to declare the illegal action of 2nd respondent in registering the Impugned Revocation Deed No.3687/2022 dated 06.10.2022 presented by the 3rd respondent unilaterally by cancelling the earlier Gift Deed registered in favour of the petitioners vide Document No 2727/2012, dated 21.11.2012, as illegal, arbitrary and consequently to set aside the afore said impugned Revocation Deed No.3687/2022 dated 06.10.2022, and for any other relief as this Hon’ble Court deems it appropriate.
2. Succinctly, the present Writ Petition is filed to cancel the execution of the Revocation Deed No.3687/2022 dated 06.10.2022, executed by the 3rd respondent.
3. Point for consideration is whether the registered gift deed can be cancelled unilaterally?
4. The issue of whether a cancellation deed can be set aside is no more res integra, as this Court has delivered numerous orders granting the requested relief, including setting aside the registration of the cancellation deed. In this regard it is imperative to extract the relevant provision of the Registration Act.
Rule 26 (k) (i) The Registering officer shall ensure at the time of presentatio
Unilateral cancellation of registered gift deeds is impermissible and cannot be registered without mutual consent, as it violates principles of natural justice.
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,....
Unilateral registration of revocation of a Gift Settlement Deed without compliance with Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908 is illegal and arbitrary.
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