Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Shakambari Builders Private Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY PRASAD, J.
The petitioner has made the following prayer in this writ petition:
“a. For issuance of appropriate writ(s), order(s) or direction(s) to hold and declare that the Respondent Authorities particularly Respondent No.2 do not have jurisdiction to cancel Registered Gift Deed No. 2159/86 dated 21st of February 1986 and to further hold the Deed of Cancellation bearing No. 7849 dated 11th of July 1990 is null and void and subsequent sale deed no. 6683 dated 24th of June 1992 by the Donor of Gift Deed No. 2159/86 dated 21st of February 1986 is null and void in the eye of law.
b. For issuance of appropriate writ(s), order(s) or direction(s) as this Hon’ble Court may deem just and proper in the facts and circumstances of the case doing conscionable justice to the petitioner."
2. Heard Mr. Rajendra Krishna, learned counsel for the petitioner, Mr. Mohan Kr. Dubey, learned counsel for the State and Mr. Anil Kr. Ganjhu, learned counsel for the respondent no.3.
3. Learned counsel for the petitioner has submitted that Cancellation Gift Deed by Kedar Nath Sahu dated 11.07.1990 (Annexure-4) in the office of Respondent No.2 is illegal, arbitrary and not sustainable in law. It is
A unilateral cancellation of a registered gift deed without the donee's consent is void ab initio, reaffirming that rights pass to the donee upon valid execution of the gift.
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 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.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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.
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
Point of Law : Procedure prescribed under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under Registration Act, 1908 is applicable to deed of conveyance.
Unilateral cancellation of a registered gift deed without mutual consent is void under the Transfer of Property Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
