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C. V. BHASKAR REDDY
Emandla Raja Rao – Appellant
Versus
State of Telangana – Respondent
ORDER :
The Writ Petition has been filed by the petitioner seeking to issue writ of mandamus declaring the action of the respondent No.3 in registering the cancellation deed dated 10.04.2006 vide document No.8397/2006 executed by respondent Nos.4 and 5 and cancelling the sale deed vide document No.12592/2004 dated 09.12.2004 without issuing any notice, as illegal, arbitrary and violtiave of Rule 26(i)(k)(i) of the Registration Rules, 1908, Section 69 of the Registration Act, 1908 and Section 126 of Transfer of Property Act, 1882 and Articles 21 and 300-A of Constitution of India and consequently, prayed to set aside the same and for other reliefs.
2. The case of the petitioner is that he along with one Mr. Iqbal Ahmed purchased agricultural land admeasuring Ac.1-19 gts out of Ac.3-19 gts forming part of Sy.No.40 situated at Raidurga Nawkhalsa Village, Serilingampally Mandal, Ranga Reddy District, from the respondent Nos.4 and 5 under registered sale deed dated 09.12.2004 vide document No.12592/2004. It is his further case that ever since the date of purchase, he is in possession of the said property. It is further case of the petitioner that with an intention to alienate the property
The court held that disputes over property ownership and cancellation of deeds should be resolved in civil court, not through writ petitions, especially when involving deceased parties and complex fa....
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.
Point of Law : Procedure prescribed under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under Registration Act, 1908 is applicable to deed of conveyance.
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
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....
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
The unilateral cancellation of a registered gift deed is void and non-est, as it violates the provisions of Rule 26(i)(k)(i) of the Registration Rules and Section 126 of the Transfer of Property Act,....
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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