O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents.

2. Though the fourth respondent has been served and her name is also entered in the cause list, she has not chosen to enter appearance. Notice sent to the third respondent was returned as “unclaimed.

3. The petitioner's father Thiru.Veliyappathevar executed a settlement deed dated 26.08.2002 in favour of the writ petitioner. It was registered as document No.2186 of

2002 on the file of the second respondent. Ten years later, the said deed was unilaterally cancelled vide document No.2314 of 2012 dated 01.10.2012. The petitioner came to know about the same only recently. Thereafter, the present writ petition has been filed.

4. The petitioner's father passed away in the meanwhile. The learned counsel appearing for the petitioner categorically asserts that till date the property has not changed hands. The said submission made by the petitioner through his counsel is placed on record.

5. It is beyond dispute that the issue raised in this writ petition is no longer res integra. The Hon'ble Full Bench of this Court in the decision reported in 2022 (5) CTC 257 ( Sasikala V. Revenue Divisional Officer-cum-Sub Collector) has held as follows:-

“ 40.Hence, we have no hesitation to answer the issue by holding that the Sub-Registrar namely, the Registering Authority has no power to accept the Deed of Cancellation to nullify the Deed of Conveyance made earlier.

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 suspended or revoked.—The Donor and Donee may agree that on the happening of any specified event which does not depend on the will of the Donor a Gift shall be suspended or revoked; but a Gift which the parties agree shall be revocable wholly or in part, at the mere will of the Donor, is void wholly or in part, as the case may be. A Gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a Gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of Transferees for consideration without notice.”

42.Section 126 of the Transfer of Property Act recognizes the power of revocation where the Donor reserves a right to suspend or revoke the Gift on happening of any specified event. However, the illustrations clarifies that the revocation should be with the assent of the Donee and it shall not be at the will of Donor as a Gift revocable at the mere Will of the donor is void. The Sub Registrar cannot decide whether there was consent for revocation outside the document. If the Donor by himself reserves a right to revoke the Gift at his Will without the assent by Donee, the Gift itself is void. Since we are dealing with unilateral cancellation, the power of registration of cancellation or revocation of Gift Deed cannot be left to the discretion or wisdom of Registering Authority on facts which are not available or discernible from the Deed of Gift. When the power of revocation is reserved under the document, it is permissible to the Registering Officer to accept the document revoking the Gift for registration only in cases where the following conditions are satisfied;

(a)There must be an Agreement between the Donor and Donee that on the happening of a specified event which does not depend on the Will of the Donor the Gift shall be suspended or revoked by the donor. (b) Such Agreement shall be mutual and expressive and seen from the document of Gift.

(c) Cases, which do not fall under Section 126 of Transfer of Property Act, unless the ca