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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
GADI PRAVEEN KUMAR, J
MR.MOHAMMED ZABIULHASSAN – Appellant
Versus
STATE OF TELANGANA PRL.SCY STAMPS HYD AND 5 – Respondent
Writ Petition No.21246 of 2015

A registered gift deed cannot be cancelled unilaterally without following statutory procedures, including notifying all affected parties or obtaining a competent court's order.

Headnote:(A) Registration Act, 1908 - Cancellation of gift deed - The petitioner challenges the unilateral cancellation of gift settlement deeds by the 4th respondent without following due process. Court emphasizes that under Rule 26(i)(k)(i), cancellation needs to be executed by all parties involved, or through a competent court's direction. Notably, absence of notice to affected parties violates principles of fairness. (Paras 11, 12, 14)

(B) Authority of Sub-Registrar - The Sub-Registrar has no authority to unilaterally cancel registered documents. Proper procedure and notice to the parties are mandatory before such actions. (Paras 14, 15)

Facts of the case:
The petitioner contests the 4th respondent's cancellation of multiple gift deeds involving family properties, alleging that the 6th respondent executed these upon external pressures after family misunderstandings.

Findings of Court:
The Court finds the cancellation procedure was not adhered to, as required notification to involved parties was lacking, leading to the conclusion that cancellations were arbitrary.

Issues: Main issues include the authority of the Sub-Registrar regarding cancellations and whether proper consultation was followed in the process.

Ratio Decidendi: The Court rules that the Sub-Registrar must follow the statutory procedure ensuring all parties' consent or proper judicial orders before cancellation can be validated.

Result: Writ Petition is allowed, and the cancellation deeds are set aside.