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2025 Supreme(AP) 620
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO, J.
Venu Ramireddy, S/o. Kopparthi Maheswarareddy - Petitioner
Versus
The State Andhra Pradesh – Respondent
Writ petition No. 9933 of 2023
Decided on : 13-08-2025
Advocate Appeared:
For the Petitioner: K RATHANGA PANI REDDY
For the Respondent: A RADHAKRISHNA
Unilateral cancellation of registered gift deeds is impermissible and cannot be registered without mutual consent, as it violates principles of natural justice.
Headnote:(A) Registration Act, 1908 - Rule 26(k)(ii) - Transfer of Property Act, 1882 - Section 126 - Writ of Mandamus for cancellation of a unilateral Revocation Deed - Court reiterated that unilateral cancellation of a gift deed is impermissible, aligning with apex court precedent - Registration of a cancellation deed without mutual consent violates principles of natural justice - Gift deeds can only be revoked as per specific conditions outlined in law - Cancellation deed set aside. (Paras 5, 7, 8, 15)
(B) Principles of Natural Justice - Registration of cancellation deeds must involve all parties’ consent; otherwise, it fosters unnecessary litigation. (Paras 14)
Facts of the case:
A writ petition was filed challenging the unilateral cancellation of a registered gift deed executed in favor of the petitioners, arguing that the registration of the revocation was illegal and arbitrary.
Findings of Court:
The court found the unilateral revocation to be contrary to applicable rules and set aside the registration of the cancellation deed.
Issues: Whether a registered gift deed can be cancelled unilaterally?
Ratio Decidendi: The court concluded that unilateral cancellation is impermissible under the law and that registration without mutual consent breaches natural justice.
Result: Writ Petition allowed.
| Table of Content |
|---|
| 1. petition for cancellation of revocation deed. (Para 1 , 2) |
| 2. consideration of unilateral cancellation of a gift deed. (Para 3 , 6) |
| 3. requirements for cancellation deed registration. (Para 4 , 5) |
| 4. conditions under which gift deeds can be revoked. (Para 7 , 8 , 9) |
| 5. application of natural justice in cancellation deeds. (Para 12 , 13 , 14) |
| 6. cancellation deed set aside due to legal violations. (Para 15) |
| 7. writ petition allowed without costs. (Para 16) |
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 presentation for registration of Cancellation Deeds of previously registered deed of con-veyances on sale before him that such cancellation deeds are executed by all the executant and claimant parties to the previously registered conveyance on sale and that such cancellation deeds accompanied by a declaration showing mutual consent or orders of a competent Civil or High Court or State or Central Government annulling the transaction contained in the previously registered deed of conveyance on sale;
Provided this the registering officer shall dispense with the execution of cancellation deeds by the executant and claimant parties to the previously registered deeds of conveyances on sale before him if the cancellation deed is executed by a civil Judge or a Government Officer competent to execute Government Orders declaring the properties contained in the previously registered conveyance on sale to be Government or assigned or endowment lands or properties not registered by any provision of law.
(ii) Save in the manner provided for above no cancellation deeds of a previously registered deed of conveyance on sale before him shall be accepted for presentation for registration.
5. The sub Rule (k)(ii) of Rule 26 spells out that no cancellation deeds of a previous deed of conveyance on sale before him shall be accepted for presentation for registration.
6. In the present case, the Sub Registrar accepted the Gift Deed executed by the unofficial respondent and cancelled the Gift Deed executed by the unofficial respondent which is contrary to rules.
7. The Hon'ble Apex Court in Thota Ganga Laxmi and another v. Government of Andhra Pradesh , [(2010) 15 SCC 207] held that unilateral cancellation of sale deed is impermissible that the cancellation as well as the registration of the sale deed void and non est and can be ignored altogether.
8. The gift deed may be suspended or revoked only under the conditions mentioned under Section 126 of the Transfer of the Property Act and it is necessitated to extract the said Section for proper disposal of the Writ Petition. Section 126 of the Transfer of the Property Act, 1882 reads as follows:-
Under Section 126 of the Transfer of Property Act, the Gift Deed may be suspended or revoked only in the condition enumerated in the Section. The donor and donee may agree that on t
