THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.28233 of 2024

ORDER:

This writ petition is filed questioning the action of the respondent No.2 in unilateral cancellation of Gift Deed Document No.5413/2024 dated 21.08.2024 and 5381/2024 dated 20.08.2024 executed by the respondent No.3 as illegal and arbitrary and to set aside the same.

2. Heard Mr. Md. Abdul Mateen Qureshi, learned counsel for the petitioner, Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration and Sri G.Sundareshan, learned counsel for the respondent No.3.

3. Learned counsel for the petitioner submits that the respondent No.3, who is the father of petitioner, has executed registered gift deeds in favour of the petitioner vide Document No.545/2022 dated 25.01.2022 and 907/2022 dated 31.01.2022 in respect of the property bearing Municipal No.11-2-483/1 (corresponding to its old House No.11-2-483 comprising of Ground and First Floor) admeasuring 30 sq. yards equivalent to 25.08 sq. meters situated at Habeeb Nagar, Hyderabad and the property bearing Municipal No.11-2-483/1 (corresponding to its old House No.11-2-483 comprising of Ground and First floor) admeasuring 76 sq. yards equivalent to 63.54 sq.meters situated at Habeeb Nagar, Hyderabad and since then she is the owner and possessor of the said property. The respondent No.3 has presented the said gift deeds for cancellation before the respondent No.2, who in turn cancelled the said gift deeds without following the procedure as contemplated under the Registration Act, 1908 and the Rules there under and thereafter, the subject property is reflecting in the list of prohibited properties dated 13.09.2024. He further submits that the respondent No.2 has no power to cancel the gift deeds and requested to allow the writ petition by setting aside the cancellation of gift deeds.

4. Learned Counsel for the petitioner has relied on the following Judgment;

1. Satya Pal Anand vs. State of M.P

2. Fazal Ullah Khan Vs. State of Andhra Pradesh

5. Learned Assistant Government Pleader for Stamps and Registration has produced written instructions and submits that the respondent No.2 has registered the cancellation of Gift Deed Nos.5413/2024 dated 21.08.2024 and 5381 of 2024 dated 20.08.2024 on the basis of the Judgment and Decree passed in O.S.No.4627 of 2022 on the file of IX Junior Civil Judge, City Civil Court, Hyderabad dated 08.01.2024 pertaining to the subject property and requested to dismiss the writ petition.

6. Learned Counsel for the respondent No.3 basing on the counter submits that the respondent No.3 is lawful owner and possessor of the subject properties and he has four daughters including the petitioner. After the death of the wife of the respondent No.3 and due to advantage of his

1 (2016) 10 SCC 767

2 2012 SCC OnLine AP 473

old age, the petitioner forced him to execute the partition deed in respect of the subject property and due to threat and force, he has executed the gift deeds in favour of the petitioner on the impression that he has executed a partition deed. After came to know the mischief played by the petitioner, the respondent No.3 filed suit in O.S.No.4627 of 2022 on the file of IX Junior Civil Judge, City Civil Court, Hyderabad for perpetual injunction and the same was decreed in his favour vide Judgment and Decree dated 08.01.2022 and basing on the said decree, the respondent No.2 has cancelled the gift deeds and as on today, the respondent No.3 is in possession of the subject property and the civil suits are pending between him and the petitioner and requested to dismiss the writ petition.

7. After hearing both sides and perusal of the record, this Court is of the considered view that there is no dispute with regard to the relationship between the petitioner and the respondent No.3 and also there is no dispute with regard to the gift deeds executed by the respondent No.3 in favour of the petitioner vide gift deed document Nos.545/2022 dated 25.01.2022 and 907/2022 dated 31.01.