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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Siyadh, S/o. Fazal Haque – Appellant
Versus
Registration Inspector General, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. judgment outcome and directions (Para 1) |
| 2. property ownership and familial claims (Para 2) |
| 3. restrictions on registration of cancellation deeds (Para 3 , 4) |
| 4. validity of gift and cancellation under mohammedan law (Para 5 , 6 , 10) |
| 5. court findings on validity of cancellation deed (Para 8 , 9 , 11 , 12) |
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed seeking to quash Ext.P11 and for a direction commanding respondents 1 to 3 to revoke Ext.P4 cancellation deed within a time limit to be fixed by this Court.
2. The brief facts necessary for the disposal of the writ petition are as follows: Petitioner's father Sri.Fazal Haque was the owner of 10 Ares 75 Sq. Metres of property in Survey Nos.413/5/1 & 413/4/1 of Keezhattingal Village in Chirayinkeezhu Taluk. On 14.06.2000 petitioner's father executed Ext.P1 settlement deed No.1129/2000 of Kadakkavoor SRO, in favour of the petitioner, transferring the above said landed property to the petitioner. Petitioner accepted Ext.P1 and effected mutation in his favour and was paying tax in respect of the property covered by Ext.P1, as evident from Ext.P2 tax receipt. A possession Certificate was also issued in the name of
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 main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in law.
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 prohibited without mutual consent, rendering such deeds void under Rule 26(i)(k)(i) of the Registration Act, 1908.
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
The judgment established that a settlement deed creating vested interest cannot be unilaterally cancelled without proper justification, and the settlor should seek remedy in a competent Civil Court.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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,....
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