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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Shakambari Builders Private Limited – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for declaratory relief. (Para 1 , 2) |
| 2. arguments regarding cancellation of gift deed. (Para 3 , 4 , 5) |
| 3. legal grounds citing the t.p. act. (Para 6 , 7 , 8) |
| 4. respondent's arguments against maintainability of the writ. (Para 9 , 10 , 11) |
| 5. counterarguments regarding prior litigation. (Para 20 , 21) |
| 6. court's background on transaction history. (Para 22 , 23 , 24) |
| 7. findings on revocation and legal effect of cancellation. (Para 70 , 76 , 82) |
| 8. writ petition is allowed. (Para 83) |
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
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.
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