A gift settlement cannot be revoked unilaterally without the consent of both the donor and the donee under the Transfer of Property Act, 1882.

ORDER :

Heard Sri Sharad Sanghi, learned counsel for the petitioner and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration for the respondent Nos.1 to 4 and perused the material on record.

2. In spite of service of notice, none appears for the respondent Nos.5 to 8.

3. This writ petition is filed questioning the action of the respondent No.3 in registering the Revocation of Gift Settlement Deed vide Doc.No.2219/2013 dated 07.05.2013 executed by the Donor Sri T. Janardhan Rao unilaterally without the consent of the Donee/petitioner as illegal and arbitrary and to direct the respondent Nos.2 and 3 to cancel the Revocation of Gift Settlement Deed bearing Doc.No.2219/2013 dated 07.05.2013 in respect of the property bearing Flat No.B2/F2, situated at 1^st Floor, Municipal No.10-3-444/6, admeasuring 909.80 sq. ft at PS Nagar, Hyderabad (For brevity hereinafter referred to as ‘schedule property’).

4. Learned Counsel for the petitioner submits that father of the petitioner by name Sri T. Janardhan Rao has purchased the schedule property from the Andhra Pradesh Housing Board through registered sale deed dated 20.03.2001 under Registration No.790 of 2001 and thereafter he has executed a Gift Settlement Deed in favour of the petitioner through Doc.No.43 of 2008 dated 03.01.2008 and delivered the vacant physical possession of the said property in her favour. The petitioner got mutated her name in the municipal records as per the order dated 22.12.2008. The father of petitioner died intestate in the year, 2016 leaving behind the petitioner and the respondent Nos.6 and 7 as legal heirs. After mutation, the petitioner has obtained loan from the Union Bank of India by mortgaging the said property, she got released the same on repayment of the entire loan amount and the Union Bank of India has executed a Release Deed bearing Doc.No.789 of 2019 dated 04.02.2019 in her favour.

5. Learned Counsel for the petitioner further submits that the petitioner has sold the subject property to the respondent No.8 through registered sale deed bearing Doc.No.1141/2019 dated 18.02.2019 and delivered physical possession and the respondent No.8 got his name mutated in the municipal records as per the proceedings dated 17.09.2019 and since then he is in possession and enjoyment of the said property. When the respondent No.8 has approached the Bank for sanction of loan by mortgaging the subject property, it came to light that a Revocation of Gift Settlement Deed was executed by the father of petitioner in Doc.No.2219/2013 on the file of the respondent No.3 dated 07.05.2013. He submits that the said document is a unilateral cancellation/revocation without the consent of the petitioner and even without making her as party to the said document.

6. Learned Counsel for the petitioner further submits that the respondent No.3 has registered the Revocation of Gift Settlement Deed unilaterally in violation of principles of natural justice and against Rule 26(i)(k) of the TELANGANA RULES under Registration Act, 1908 and he has not taken into consideration the Circular Order issued by the respondent No.2 dated 25.08.2008, wherein all the Sub- Registrars were directed not to register the unilateral cancellation. He submits that as per Section 126 of the Transfer of Property Act, 1882, a gift cannot be suspended or revoked unless and until agreed by both the Donor and the Donee and in the instant case, without the consent of the Donee/petitioner, the respondent No.3 has registered the subject document and requested to allow the writ petition by directing the respondents to cancel the subject document.

7. Learned Counsel for the petitio