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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR
P. Premavathy – Appellant
Versus
Inspector General of Registration Office of the Inspector General of Registration – Respondent
| Table of Content |
|---|
| 1. challenge to refusal of registration due to cancellation of deed. (Para 1 , 2) |
| 2. claim of cancellation being a mischaracterization. (Para 3) |
| 3. interpretation of deed clauses and precedence. (Para 4 , 5) |
| 4. rejection of the writ petition. (Para 6) |
ORDER :
S. SOUNTHAR, J.
This writ petition is filed challenging the refusal check slip issued by the third respondent refusing to register the cancellation of Settlement deed on the ground that unilateral cancellation is not permissible.
2. The case of the petitioner is that she executed a settlement deed dated 06.04.2015 in favour of three daughters namely (i) E.Revathy, (ii) R.Santhanalakshmi and (iii) Vijaya, who are the respondents 4 to 6 herein. Thereafter, the relationship between the petitioner and the settlees got strained and hence, the petitioner executed a cancellation of settlement deed and presented it for registration on 10.10.2023 before the third respondent. The third respondent refused to entertain it and passed the impugned refusal check slip on the ground that unilateral cancellation is not permissible. Aggrieved by the same, the petitioner has come to this Court by way of this writ petition.
3. The learned
A unilateral cancellation of a settlement deed is impermissible under law, reinforcing the distinction between gift deeds and Wills based on established contractual interpretation.
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.
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 settlement deed is impermissible and against public policy, as supported by the Transfer of Property Act and the Registration Act.
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 not permissible and is against the provisions of the Registration Act, 1908.
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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