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2022 Supreme(Online)(MAD) 18087

HIGH COURT OF MADRAS
Hon`ble Mr Justice M.DHANDAPANI
Mrs.K.Sudha – Appellant
Versus
The Sub Registrar – Respondent


ORDER

The present writ petition has questioned the legality of the registration of the cancellation deed executed by the settlor, viz., the 2nd respondent and its registration by the 1st respondent, which has resulted in the filing of the present petition.

2. The matter was reserved for orders on 24.08.2022. However, pending finalization of orders, on 2.9.2022, a Full Bench constituted for considering identical issue, viz., the legality of the cancellation deed unilaterally executed, had rendered a decision in the case of Sasikala – Vs – The Revenue Divisional Officer & Anr. (W.P. (MD) Nos.6889/2020, etc. Batch – Dated 2.9.2022), by answering a reference made by a learned single Judge with regard to conflicting decisions in the matter of legality of registration of cancellation deed, by holding as under :-

“41. Regarding gift or settlement: With regard to unilateral cancellation of gift deed, which is not revokable and does not come under the purview of Section 126 of the Transfer of Property Act, the Registrar has no power to accept the deed of cancellation to nullify the registered settlement deed. Section 126 of the Transfer of Property Act, reads as follows:

“126. When gift may be

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