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N. ANAND VENKATESH
Sunitha Gridharidas – Appellant
Versus
Sub Registrar, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records of the document dated 31.12.2013 and registered as Doc.No.5149 of 2013, on the file of the first respondent and to quash the same.)
1. This Writ Petition has been filed challenging the registration of the revocation of settlement deed dated 31.12.2013 as Document No.5149 of 2013, by the 1st respondent.
2. The case of the petitioners is that Mrs.Ishwari Bai, who is the mother of the 1st and 2nd petitioners and the grandmother of the 3rd petitioner executed a settlement deed dated 01.10.2009 in favour of the petitioners and it was presented for registration before the 1st respondent and registered as Document No.3479 of 2009. The further case of the petitioners is that the subject property that was settled in favour of the petitioners vested in them absolutely.
3. It is stated that Iswari Bai passed away at the age of 88, on 03.03.2015. All of a sudden, the 3rd respondent who is the brother of the 1st and 2nd petitioners started claiming absolute right over the subject property on the basis of a settlement deed dated 31.12.2013. When th
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.
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.
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 main legal point established is that the Civil Court is competent to decide the issue of cancellation, and the Registrar has no power to unilaterally cancel deeds. The court emphasized the need t....
(1) Settlement deed/Will – Whether a document is a Settlement Deed or Will, Court has to examine the document as a whole and to look into substance thereof and also to know intention of parties – For....
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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