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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUJOY PAUL, RENUKA YARA
Sangam Janardhan Goud – Appellant
Versus
Vasudeva Realtors Pvt. Ltd. – Respondent
JUDGMENT :
RENUKA YARA, J.
1. Heard Sri Papaiah Peddakula, learned counsel representing Sri Sricharan Telaprolu, learned counsel for petitioner No.1 in W.P.No.19018 of 2008, Sri Aniketh Reddy, learned counsel for the appellants in W.A.No.1616 of 2014 and Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue, for the official respondents. Perused the record.
W.A.No.1616 of 2014
2. The Writ Appeal is preferred by the appellants/respondent Nos.4 to 8 aggrieved by the order dated 10.07.2012 in W.P.No.25686 of 2011 passed by the learned Single Judge in favour of respondent No.1/writ petitioner and respondent Nos.2 to 4/respondent Nos.1 to 3 representing State Government in the writ petition, whereby the writ petition filed seeking action against respondent Nos.2 to 4 for registering cancellation document dated 31.10.2009 in document No.6457 of 2009 which is unilaterally executed by the writ appellants without the knowledge and consent of the writ petitioner by partially cancelling the development agreement-cum-general power of attorney (GPA) dated 27.02.2005 to be declared as illegal and contrary to Rule 26(i)(k) of A.P. Registration Rules, 1908 (for short, ‘the Rules’) and co
Unilateral cancellation of registered deeds is not permissible without consent from all parties involved, ensuring adherence to principles of natural justice under the A.P. Registration Rules.
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.
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.
Unilateral cancellation of a registered development agreement-cum-General Power of Attorney is impermissible under the Registration Act, requiring mutual consent between parties for valid cancellatio....
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
Unilateral cancellation of a sale deed is invalid without prior legal action for recovery of sale consideration, emphasizing adherence to procedural law.
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