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S. M. SUBRAMANIAM, K. RAJASEKAR
A. Selvan – Appellant
Versus
Sub-Registrar, Office of the Sub-Registrar, Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 17.08.2022 passed in W.P.No.11823 of 2019.)
1. The Writ Appeal has been instituted challenging the order dated 17.08.2022 passed in W.P.No.11823 of 2019.
2. The writ petitioner is the appellant before us. The writ was instituted to quash the unilateral Cancellation Deed executed by the Grandfather of the appellant.
3. T.Sai Krishnan, learned counsel appearing on behalf of the appellant would submit that the Grandfather of the appellant executed a Settlement Deed in favour of the appellant on 08.10.2003. Without the knowledge of the appellant, his Grandfather unilaterally cancelled the Settlement Deed dated 20.06.2008. The appellant, his brother and other family members are residing in the subject property. Thus, the appellant had no knowledge about the Cancellation Deed executed by his Grandfather in the year 2008. Subsequently, the brother of the appellant started claiming right over the property and thereafter, the appellant came to know that the Cancellation of Settlement Deed was executed unilaterally by his Grandfather in the year 2008.
4. The writ court, relying on 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 does not create, assign, limit, or extinguish any right, title, or interest in the property and is of no effect.
Unilateral cancellation of a sale deed is invalid without prior legal action for recovery of sale consideration, emphasizing adherence to procedural law.
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.
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