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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH
Thota Venkata Sudha – Appellant
Versus
State of Telangana, rep. by Principal Secretary, Registration and Stamps Department – Respondent
| Table of Content |
|---|
| 1. details of property ownership transfer (Para 3 , 4 , 5) |
| 2. arguments regarding the validity of revocation (Para 6 , 7 , 8 , 9) |
| 3. court's observations on registration legality (Para 10 , 11 , 12 , 13) |
| 4. application of legal principles to case (Para 14) |
| 5. conclusion to allow the writ petition (Para 15 , 16) |
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 1st Floor, Municipal No.10-3-444/6, admeasuring 909.80 sq. ft at PS Nagar, Hyderabad (For b
A gift settlement cannot be revoked unilaterally without the consent of both the donor and the donee under the Transfer of Property Act, 1882.
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,....
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