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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.Lakshminarayanan, J
G. Jothimani – Appellant
Versus
District Registrar, Karaikudi District Registration Office, Karaikudi, Sivagangai District – Respondent
ORDER :
(V. LAKSHMINARAYANAN, J.)
This Writ Petition challenges the unilateral cancellation of a settlement deed. The cancellation deed had been registered in Document No.2963 of 2014 dated 28.10.2014.
2.There is no dispute in the relationship between the petitioner and the third respondent. The third respondent is the father and the petitioner is his son. The third respondent is the owner of the property in Survey Nos.50/4 and 50/8 of Magipalanpatti Village, Thirupathur Taluk, Sivagangai District. He had purchased the same from two persons, namely, Gugan and Gopalan vide registered sale deed dated 03.10.2008 in Document No.2756 of 2008. The petitioner has other siblings.
3.The third respondent/father executed a settlement deed in favour of the petitioner in Document No.3324 of 2009 dated 17.11.2009. The relevant portions of the document are as follows:
4.After execution of a document, disputes arose between the parties. Therefore, the third respondent/father cancelled the settlement deed by way of a registered cancellation deed in Document No.2963 of 2014 dated 28.10.2014. On coming to know of the cancellation, the writ petitioner presented O.S.No.71 of 2019 on the file of the Principa
Unilateral cancellation of a settlement deed is invalid without legal authority, and dismissal of a suit for default does not equate to a decree.
A settlement deed cannot be unilaterally canceled unless specific revocation rights are included within the deed itself.
Unilateral cancellation of a settlement deed is impermissible and against public policy, as supported by the Transfer of Property Act and the Registration Act.
Settlement deeds executed without conditions for care of the transferor cannot be voided under Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
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.
A settlement deed without specific conditions for maintenance cannot be cancelled under the Maintenance and Welfare of Parents and Senior Citizens Act, and the petitioner is mandated to provide maint....
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