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2023 Supreme(Online)(MAD) 8816

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
L.MAGESH – Appellant
Versus
DISTRICT REGISTRAR – Respondent


O R D E R

Unilateral cancellation of settlement deed executed by the rd

3 respondent, who is none other than the father of the writ petitioner is under challenge in the present writ petition.

rd

2. The 3 respondent executed a settlement deed in favour of the writ rd petitioner on 14.07.2022. The learned counsel for the 3 respondent made a submission that the settlement deed was executed in favour of the writ rd petitioner by coercion and fraud and therefore, the 3 respondent had subsequently executed a cancellation document on 02.05.2023 and had further executed settlement deed in favour of other two sons. Therefore, the facts apparently reveals that the settlement deed executed by the rd

3 respondent in favour of the writ petitioner in the year 2022 was cancelled unilaterally on 02.05.2023. Unilateral cancellation of settlement deed is impermissible.

3. Issues regarding the unilateral cancellation of settlement deed is no res integra and the Hon'ble Full Bench of this Court in the case of Latif Estate Line India Ltd. -vs- Hadeeja Amma reported in [(2011) 2 CTC 1]

held as follows:-

“ 48. Section 54 of the Transfer of Property Act defined the word “Sale”, which means transfer of ownership

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