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P. V. KUNHIKRISHNAN
Abdullakutty S/o Moidu – Appellant
Versus
Inspector General of Registration Near Chief Judicial Magistrate Court – Respondent
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
1. Same point is raised in these two writ petitions and therefore, I am disposing of these writ petitions by a common judgment.
I will narrate the facts in W.P. (C) No. 29330/2014 first: The grievance of the petitioners in this writ petition is that the 2nd respondent herein refused to register a cancellation deed executed by them stating that the judgment of this Court prohibits registration of such a document. The petitioners herein own 24.25 cents of property in Alankode Amsom, Panthavoor Desom. They purchased the property by way of document No. 315/1976 from one Thottathuvalappil Abdurahiman Haji. The petitioners have constructed a house in the above property and are residing in the above property. It is submitted that the petitioners, out of their love and affection to their son Mr. Faisal, executed a gift deed in his favour, as per Ext.P1. It is the specific case of the petitioners that though the gift deed was executed, the petitioners did not inform the same to their son Mr. Faisal, who is the beneficiary of the above deed, and hence, mutation of the property was also not effected in the name of Mr. Faisal. It is submitted that even after the
The necessity of making the donee a party and considering evidence of delivery and acceptance in cases of unilateral cancellation of gift deeds.
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,....
A completed gift deed cannot be unilaterally cancelled without both parties' consent, as established in the governing legal principles.
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