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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Gadi Praveen Kumar
Raziaya Ansari – Appellant
Versus
Government of Andhra Pradesh – Respondent
ORDER :
Gadi Praveen Kumar, J.
Heard Sri N.V.Sumanth, learned counsel appearing on behalf of the petitioner in both the Writ Petitions, Government Pleader for Revenue appearing on behalf of official respondents and Sri V.Seshagiri Rao, learned counsel appearing on behalf of 5th respondent in both the Writ Petitions, and perused the record.
2. W.P.No.10523 of 2014 is filed assailing the action of respondent Nos.1 to 4 in registering the Cancellation Deed vide Doc.No.738 of 2014 dated 13.03.2014 as illegal and arbitrary with a consequential direction to set aside the same.
3. W.P.No.10524 of 2014 is filed to declare the action of respondent Nos.1 to 4 in registering the Cancellation Deed vide Doc.No.730 of 2014 dated 12.03.2014 as illegal and arbitrary, with a consequential direction to set aside the same.
4. Since, the issue involved and the facts are similar in both the Writ Petitions, they are being disposed of by this common order.
W.P.No.10523 of 2014
5. The facts leading to the filing of W.P.No.10523 of 2014 are that originally, the petitioner’s paternal grandmother by name Smt.Akheelunnisa purchased the schedule property bearing Flat No.B2/F4, M.C.H. No.3-4-864/5, Ground Floor admeas
A registered document cannot be unilaterally cancelled without following due procedure or notifying affected parties; recourse to a competent Civil Court is necessary.
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.
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.
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.
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