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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SATHISH KUMAR
J. Abdulkani – Appellant
Versus
District Registrar, Tenkasi – Respondent
| Table of Content |
|---|
| 1. challenge to enquiry notice (Para 1) |
| 2. validity of settlement deed execution (Para 3) |
| 3. registrar's power limitation on document cancellation (Para 4 , 5) |
| 4. writ petition allowed, notice set aside (Para 6) |
ORDER :
1. This Writ Petition has been filed challenging the notice issued by the first respondent summoning the petitioner to appear for enquiry.
2. Heard the submissions made on either side and perused the materials available on record.
3. The petitioner's contention is that he executed a settlement deed in favour of his son, namely, Ahamed Fasath, vide Doc No.979/2018 dated 30.04.2018 in respect of the subject property and revenue records has also been mutated in his name and now, he is in possession and enjoyment of the subject property. While so, based on the application given by the second respondent, who is the daughter of the petitioner, the first respondent issued a notice to the petitioner to appear for enquiry. Challenging the same, the petitioner has filed this writ petition.
4. Considering the facts and circumstances of the case, this Court is of the view that the Registering Authority has no power to go into all these transactions. In Satya Pal Anand v
The Registering Authority cannot cancel registered documents or decide title issues, as these matters must be adjudicated by a competent Civil Court.
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The Registrar of documents does not possess the authority to cancel registrations based on allegations of fraud or forgery without substantive evidence, and such matters must be resolved through civi....
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