THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR I.A.Nos.1 and 2 of 2012 In/and WRIT PETITION No.19497 of 2012

ORDER:

None appears for the petitioners. On the previous dates of hearing i.e. 17.10.2025 and 30.10.2025 also there was no representation on behalf of the petitioners. Therefore, in the interest of the parties, this matter is being taken up based on the record available before this Court.

2. This Writ Petition is filed assailing the action of respondent No.1 in execution of Cancellation of Gift Settlement Deed dated 11.07.2011 vide Doc.No.2539 of 2011 cancelling the Gift Settlement Deed dated 11.05.2000 vide Doc.No.1308/2000 unilaterally and registering the same by respondent No.2, as illegal and arbitrary.

3. The facts reveal that the petitioners’ father i.e. respondent No.1 Syed Khundmeer was the absolute owner and possessor of house bearing Municipal No.16-3-827 (old 1383) admeasuring 343..33 sq. yards situated at Changhalguda, Hyderabad. The respondent No.1 out of love and affection towards the petitioners herein along with their other brother Syed Ameenuddin, gifted the subject property by way of registered Gift Settlement Deed on 11.05.2000. After executing the Gift Settlement Deed by respondent No.1 in favour of the petitioners, possession was also delivered to the donees and mutation was also affected in Municipal records. Subsequently, when respondent No.1 was interfering with the possession of petitioners’ brother Nusrath Naveed, he filed a suit for perpetual injunction vide O.S.No.1220 of 2011 before the competent Civil Court and the same is pending consideration.

4. It is contended that respondent No.1 suppressing the pendency of the suit, unilaterally cancelled the registered Gift Settlement Deed dated 11.05.2000 under Cancellation Deed dated

11.07.2011.

5. Aggrieved by the same, the present Writ Petition is filed.

6. While admitting the Writ Petition, this Court vide orders dated 29.06.2012 suspended the impugned proceedings.

7. I.A.Nos.1 and 2 of 2012 are filed to vacate the said interim orders.

8. The respondent No.1 filed counter-affidavit along with vacate petition stating that as the petitioners and Syed Nusrath Naveed are harassing him and trying to dispossess him from H.No.16-3-827, he was constrained to cancel the gift deed by executing a document on 11.07.2011 vide Doc.No.2539 of 2011 presented before the 2^nd respondent as the said gift was not acted upon and possession was not delivered to donees. It is contended that cancellation of incomplete and inacted gift is not contrary to the Registration Rules more particularly, Rule 26(k)(i) of the Registration Rules.

9. Therefore, respondent No.1 contends that the Writ Petitioners cannot challenge the execution of Cancellation Deed dated 11.07.2011 when they are not affected by the execution of cancellation deed.

10. The respondent No.2 filed counter-affidavit stating that the amended Registration Rule 26(k) is applicable to the Cancellation Deed of the previously registered sale deeds only. The deeds cancelling the previously registered documents other than sales can be registered even if they are unilaterally executed. As such, the registration of Cancellation Deed of a registered Gift Settlement Deed is not in violation of Section 26(k).

11. Learned counsel for respondent No.2 contended that respondent No.1, who executed the Gift Settlement Deed earlier, himself presented the document for cancellation and therefore, the same is registered after following the due procedure.

12. Learned counsel for respondent No.2 further contended that revised orders in Memo Rc.No.G1/10547/2008 dated 18.07.2008 was issued by the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad stating that Rule 26(k) is applicable to the Cancellation Deeds of registered sale deeds only, but not to other documents pending receipt of orders of the Government on the proposals submitted to extend the provisions of Rule 26(k) to other category of documents also.

13