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S. M. SUBRAMANIAM
R. Monisha (Minor) Represented by her mother & guardian Ezhilarasi, Tiruvannamalai – Appellant
Versus
Sub Registrar, Tiruvannamalai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent registered as Document No.2864 of 2014 on 25.09.2014 and consequently the registered Sale Deeds dated 20.02.2015 and 07.08.2015 registered as Document Nos.456 of 2015 and 2315 of 2015 on the file of the first respondent''s office and quash the same.)
1. The writ on hand has been instituted to call for the records on the file of the first respondent registered as Document No.2864 of 2014 on 25.09.2014 and consequently the registered Sale Deeds dated 20.02.2015 and 07.08.2015 registered as Document Nos.456 of 2015 and 2315 of 2015 on the file of the first respondent''s office and quash the same.
2. The petitioner states that the second respondent, who is the grandfather of the writ petitioner, executed the Settlement Deed in favour of the writ petitioner minor daughter Ms.R.Monisha on 01.02.2012 settling the entire extent of land and building more fully described in the document.
4. The Settlement Deed was registered as document No.259 of 2012 on the file of the first respondent-Sub Registrar, K
Unilateral cancellation of a Sale Deed does not create, assign, limit, or extinguish any right, title, or interest in the property and is of no effect.
Unilateral cancellation of a settlement deed is impermissible and against public policy, as supported by the Transfer of Property Act and the Registration Act.
Unilateral cancellation of a settlement deed is not permissible and is against the provisions of the Registration Act, 1908.
Unilateral cancellation of settlement deed executed in favour of the petitioner is impermissible and liable to be set aside based on relevant legal provisions and full bench judgments.
Unilateral cancellation of a Sale Deed is impermissible under the Registration Act, 1908.
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.
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.
A settlement deed cannot be unilaterally cancelled unless the settlor expressly reserves such a right; otherwise, the cancellation is void.
A registered settlement or gift deed cannot be unilaterally cancelled by a revenue authority; such cancellation is only permissible under specific conditions defined in Section 126 of the Transfer of....
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