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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
| 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 cons
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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