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S. M. SUBRAMANIAM
T. Sridevi – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the deeds of cancellation of Settlement Deeds executed by 3rd respondent registered as Document Nos: 1) Deed of Revocation of Settlement Deed in Document No.12204/2016 dated 20.12.2016 2) Deed of Revocation of Settlement Deed in Document No.1613/2017 dated 29.12.2016 and subsequent 3) Settlement Deed in Document No.12333/2016 dated 23.12.2016 4) Settlement Deed in Document No.3099/2017 dated 08.03.2017 and not binding upon the petitioner''s possession over the property at Plot No. D-9/2, in CMDA Industrial Complex at Maraimalai Nagar, comprised in Survey No.166, 167, 168/part situated at Kilkaranai Village, Chengelpet Taluk, Kancheepuram District measuring total an extent of 9.6 Grounds on the file of the 2nd respondent viz., SRO. Joint No.II, Chengelpet, consequently, direct the 2nd respondent to incorporate the same in the Encumbrance Certificate.)
1. The writ of mandamus has been instituted to direct the second respondent to cancel the deed of cancellation of settlement deed executed by the third respondent registered as Do
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 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 not permissible and is against the provisions of the Registration Act, 1908.
A settlement deed cannot be unilaterally canceled unless specific revocation rights are included within the deed itself.
Unilateral cancellation of a settlement deed is invalid without legal authority, and dismissal of a suit for default does not equate to a decree.
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 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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