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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
R. Shridar – Appellant
Versus
Sub-Registrar, Coimbatore North Joint I, Coimbatore – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of settlement deed. (Para 1 , 3) |
| 2. parties' arguments regarding settlement deed. (Para 5 , 6 , 7) |
| 3. court's analysis of the nature of the deed. (Para 9 , 10 , 12 , 14) |
| 4. analysis of legal principles regarding vested interests (Para 13) |
| 5. legal principles around revocation of settlement deed. (Para 18 , 21 , 23) |
| 6. arguments presented regarding the deed's nature and settlor's intentions (Para 19 , 20) |
| 7. final ruling on the nullity of the cancellation deed (Para 24) |
| 8. writ petition allowed due to illegal cancellation. (Para 27 , 29) |
ORDER :
This writ petition has been filed challenging the unilateral cancellation of a settlement deed dated 25.11.2024 registered as doc. No.8210 of 2024 and for a consequential direction to the first respondent to remove the entries in respect of the unilateral cancellation of the settlement deed from the concerned register.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Senior Counsel appearing on behalf of the second respondent.
3. The case of the petitioner is as follows :
(i) The petitioner's elder sister, who is none ot
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.
The judgment established that a settlement deed creating vested interest cannot be unilaterally cancelled without proper justification, and the settlor should seek remedy in a competent Civil Court.
A unilateral cancellation of a settlement deed is impermissible under law, reinforcing the distinction between gift deeds and Wills based on established contractual interpretation.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
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 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.
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 registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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