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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
R. Shridar – Appellant
Versus
Sub-Registrar, Sub-Registrar Office, Coimbatore North Joint I, Coimbatore District – Respondent
ORDER :
(N. ANAND VENKATESH, J.)
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 other than the mother of the second respondent, executed a gift settlement deed dated 24.11.2023 registered as doc.No.8608 of 2023 on the file of the first respondent in respect of the property measuring 10,347 sq.ft. situated at Ward A, Anupparpalayam in T.S.Nos.1304/2, 1304/4, 1304/5, 1304/7, 1305/1, 1305/3 & 1305/5 and in block No.25 in T.S.No.1305/2. The original title deeds were handed over to the petitioner along with the settlement deed dated 24.11.2023 executed in his favour .
(ii) Later, the settlor namely the elder sister of the petitioner uni
A settlement deed cannot be unilaterally cancelled unless the settlor expressly reserves such a right; otherwise, the cancellation is void.
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.
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 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.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
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 prohibited without mutual consent, rendering such deeds void under Rule 26(i)(k)(i) of the Registration Act, 1908.
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