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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
GADI PRAVEEN KUMAR
G. Naga Lakshmi W/o G. Venkatachalam – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Sri Krishna Suman, learned counsel representing Sri Vivek Jain, learned counsel for the petitioner, Sri M.Sahas Reddy, learned Assistant Government Pleader representing learned Government Pleader for Stamps and Registration appearing on behalf of respondent Nos.1 to 3 and Sri G.Vasantha Rayudu, learned counsel for the 4th respondent.
2. The present Writ Petition is filed challenging the action of the 3rd respondent i.e. the Joint Sub-Registrar, Ranga Reddy District at Moosapaet, Hyderabad in entertaining the registration of document dated 08.07.2011 bearing No.6153/2011 stated as “Cancellation of Agreement of Sale-cum-General Power of Attorney bearing Doc.No.3150/2011” as illegal and arbitrary, with a consequential direction to set aside the same.
3. It was contended by the petitioner that the 4th respondent is the owner of plot bearing No.447 admeasuring 300 sq. yards in Sy.No.78 to 93 situated at Kondapur, Serilingampally Mandal, Ranga Reddy District, and that in respect of the said property, the 4th respondent had executed an agreement of sale-cum-General Power of Attorney along with possession on 05.10.2009 in favour of the petitioner for a sale consideration of R
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
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....
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
The unilateral cancellation of a General Power of Attorney is invalid without a competent court's order and proper notice to affected parties.
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 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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