Back
S. M. SUBRAMANIAM
Sarojini Sakuntala – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the registration of the deed of cancellation of the settlement deed dated 27.12.2010 registered as Document No.15198/2010 on the file of the 2nd respondent in respect of property bearing Survey No.152/2 measuring about 4098 sq.ft in Sri Rangammal Colony, B Block, Kurudampalayam Village, Coimbatore North Taluk, Coimbatore District is illegal and against the provisions of the Registration Act, 1908.)
The writ on hand has been instituted for declaration of the registration of the deed of cancellation of the settlement deed dated 27.12.2010 registered as Document No.15198/2010 on the file of the 2nd respondent as null and void.
2. The petitioner states that the 3rd respondent is her husband, who in turn settled the subject property in her name through settlement deed. On account of a family dispute, after a lapse of about one year, the writ petitioner has approached the Court seeking maintenance and in view of the same, the 3rd respondent had unilaterally cancelled the settlement deed dated 27.12.2010 registered as Document No.15198/2010 on the file of th
Unilateral cancellation of a settlement deed is not permissible and is against the provisions of the Registration Act, 1908.
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 is impermissible under 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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
