A gift deed cannot be unilaterally revoked by a cancellation deed, and the registration of the cancellation deed is against public policy.

1. The present writ petition has been filed by the petitioners questioning the registration of unilateral cancellation deed, dated 15.12.2011, executed by the fourth respondent in Document No.4921/2011 and also against the dismissal of appeal by the third respondent, dated 23.07.2012.

2. It is averred in the affidavit filed in support of the writ petition that the first petitioner is the father of the petitioners 2 to 4. The fourth respondent in this writ petition is a maternal aunt of the first petitioner. She is a spinster and a retired Government employee. After retirement, she had been living with the petitioners’ family for the last 10 years. She was owning seven items of immovable properties. The fourth respondent, being satisfied with the care and affection rendered by the petitioners’ family, has gifted three items of properties, comprising of two houses and one Thoppu, situated in (i) R.S.No.P22/12, at Nagercoil Village, (ii) R.S.No.P24/145 at Vadiweeswaram Village and (iii) R.S.No.387/3B & 387/2A at Thovalai Village, by a registered gift settlement deed, in Document No.3128/2011, dated 22.07.2011, in favour of the first petitioner. She has reserved remaining four items of properties. The fourth respondent has also handed over the possession of the properties and permitted to effect mutations in revenue records in the first petitioner’s name. Subsequently, the first petitioner has executed a settlement deed dated 29.09.2011 in favour of the petitioners 2 to 4 and mutations of revenue records are also effected in their name. Since then, the petitioners 2 to 4 have been in peaceful possession and enjoyment of the same.

3. It is further averred in the affidavit that while so, the fourth respondent under the instigation of first petitioner’s cousin brother viz., one A. Shankar, unilaterally cancelled the deed of settlement, dated 22.07.2011, by way of a unilateral cancellation deed, dated 15.12.2011. In the said cancellation deed, the fourth respondent cited a reason that the cancellation is necessitated as she felt that the gift is unnecessary at this moment. After executing the unilateral cancellation deed, the fourth respondent preferred a complaint to the Superintendent of Police at Nagercoil on 23.01.2012 alleging that the gift deed was obtained forcefully by fraudulent means. After investigation, the Police has closed the case as not true. After her efforts proved futile with the Police, the fourth respondent, along with the said A. Sankar, filed a suit in O.S.No.26 of 2012, for declaration that the settlement deed is null and void, before the District Court at Nagercoil, reiterating the allegation in the criminal complaint. The petitioners have filed an application in I.A.No.151 of 2012 under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint in O.S.No.26 of 2012 on the ground that the plaint averments does not disclose any cause of action and it is barred by law. On 31.01.2012, the said application was allowed and the plaint was rejected. In the meantime, the petitioners preferred an appeal under Section 83 of the Registration Act, 1908, before the third respondent herein to set aside the unilateral cancellation deed from the encumbrance certificate of the property. But, the third respondent has erroneously dismissed the appeal by order dated 23.07.2012. The said order reads that “under the provisions of the registration Act, the executants of the document can at any time cancel the document and while cancelling such document, the concerned Registrar has to look only into the antecedent document or their certified copy and need not verify the encumbrance of the property as Ms. Gomathyammal has cancelled her own settlement deed, the veracity of the cancellation deed can be decided by a competent court of law. Under the circular of the Inspector General of Registration in No.67, dated 03.11.2011 Ms. Gomatyammal while registering the document never involved in impersonation and fabrication of