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S. M. SUBRAMANIAM
Chamundeeswari – Appellant
Versus
Sub-Registrar, Sub-Registrar Office, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records of the cancellation of settlement deed 06.11.2013 executed by Late Mr.M.Durairaj and registered as Doc.5071/13 on the file of the 1st respondent, and quash the same and consequently direct the 1st respondent to delete the entries of Cancellation of Settlement deed 06.11.2013 executed by Late Mr.M.Durairaj and registered as Doc.5071/13 on the file of the 1st respondent besides deleting the further entries bearing Document No''s bearing Doc No.5072/2013, 5073/2013, 5141/2013, 5142/2013 and 5795/2013.)
1. The writ on hand has been instituted to set aside the deed of cancellation of settlement deed dated 06.11.2013 executed by late Mr.M.Durairaj and numbered as Document No. 5071 of 2013 on the file of the 1st respondent.
2. The petitioner states that her father, late Mr.M.Durairaj was the owner of the land measuring 2079 sq.ft comprised in Survey Nos.366/1B and 366/2, bearing Door No.6, 3rd Thiru.Vi.Ka.Street (Narayana Maistry 2nd Street), Konnur, Chennai – 600 049.
3. The father of the petitioner, out of love and affection towards her,
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 a Sale Deed does not create, assign, limit, or extinguish any right, title, or interest in the property and is of no effect.
A settlement deed cannot be unilaterally canceled unless specific revocation rights are included within the deed itself.
Unilateral cancellation of a Sale Deed is impermissible under the Registration Act, 1908.
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 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 settlement deed is void unless explicitly allowed in the document; the nature of such documents determines rights and responsibilities without ambiguity.
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