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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B.Snehalatha, Devan Ramachandran
N.Vinod, S/O Nanoo – Appellant
Versus
Chithra C.V., D/O.C.N.Vasudevan – Respondent
| Table of Content |
|---|
| 1. rights declared over property in favor of respondent. (Para 1) |
| 2. appellant's arguments against court's declarations. (Para 2 , 3 , 4) |
| 3. respondent's refutation and alternate claims. (Para 5 , 6) |
| 4. evaluation of evidence and witness testimonies. (Para 7 , 8) |
| 5. analysis on unilateral cancellation of the settlement deed. (Para 9 , 10) |
| 6. judicial precedents on the cancellation of deeds. (Para 11 , 12) |
| 7. conclusion and dismissal of the appeal. (Para 13) |
JUDGMENT :
Devan Ramachandran, J.
The appellant challenges the judgment of the learned Family Court, Pathanamthitta, which has declared rights over the petition schedule item No.2 property (hereinafter referred to as the “property”) in favour of the respondent; further declaring that Ext.A2 Deed of Cancellation executed by him is null and void.
2. The appellant alleges that the declarations made by the learned Family Court are improper in law; and hence that the further order of prohibitory injunction issued against him, from dispossessing the respondent herein from the property, is also beyond forensic competence. He thus prays that the judgment and decree be set aside.
3. Sri.R.S.Sarat – learned Counsel appearing for the
A unilateral cancellation of a Settlement Deed is impermissible if the deed has been accepted and acted upon, as established by legal precedents.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
Cancellation of a sale deed is invalid if done unilaterally and without notice after a significant period, affirming binding ownership established by the original deed.
A valid gift under the Transfer of Property Act must be accepted by the donee during their lifetime; a subsequent cancellation is ineffective if the donee has passed away.
A settlement deed cannot be unilaterally cancelled unless the settlor expressly reserves such a right; otherwise, the cancellation is void.
Unilateral cancellation of a settlement deed is void unless explicitly allowed in the document; the nature of such documents determines rights and responsibilities without ambiguity.
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.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
The court held that a gift deed executed under a misunderstanding of its implications is void, emphasizing the burden of proof lies on the propounder to validate such documents.
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