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VIJU ABRAHAM
Mary Mohan Chacko – Appellant
Versus
Inspector General Department of Registration – Respondent
JUDGMENT :
Petitioner has approached this Court seeking to quash Ext.P3 Will.
2. Bare facts of the case necessary for the disposal of the writ petition are as follows :
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....
The main legal point established in the judgment is that once a document is registered, it cannot be cancelled by the Sub-Registrar unilaterally, and the appropriate remedy for disputes on facts and ....
The main legal point established is that the Civil Court is competent to decide the issue of cancellation, and the Registrar has no power to unilaterally cancel deeds. The court emphasized the need t....
Only a Civil Court can cancel registered documents, not the Registration Department.
Unilateral cancellation of a settlement deed after acceptance is void; only a civil court can adjudicate its validity, reaffirming registered gifts remain unless annulled legally.
The Registrar lacks jurisdiction to cancel registered documents such as a Will, especially following the striking down of certain provisions of the Registration Act; disputes regarding title and vali....
Unilateral cancellation of a settlement deed is not permissible and is against the provisions of the Registration Act, 1908.
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