THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR

ORDER:

Heard Sri Subhani S.M, learned counsel for the petitioner, Smt. T.Padmaja, learned counsel for respondent No.6, Sri Shaik Salman Shanawaz, learned counsel for respondent No.7 and learned Assistant Government Pleader for Revenue appearing on behalf of official respondents.

2. This Writ Petition is filed challenging the action of the 4^th respondent in receiving and registering the cancellation of the gift settlement deed bearing document Nos. 2379 of 2015, 2380 of 2015 and 2381 of 2015 dated 25.05.2015, unilaterally without following the due process of law.

3. The contention of the petitioner is that the property bearing municipal number 12-2-783/1/A admeasuring 502 sq.yds situated at Rethibowli, Hyderabad was purchased by the petitioner’s father. During his life time, the petitioner’s father gifted the property in favour of the 6^th respondent, who is the mother of the petitioner under a registered gift deed.

Subsequently, the 6^th respondent, on her own will and out of love and affection, executed a registered gift deed on 18.01.2006 jointly in favour of the petitioner as well as 7^th respondent and delivered possession of the said property.

4. Similarly, the 6^th respondent also executed another gift deed jointly in favour of the petitioner and 7^th respondent with regard to the property bearing Municipal No. 12-2-783/1, admeasuring 185.33 sq.yds or equivalent to 154.95 sq.meters, situated at Rethi Bowli, Hyderabad. The 6^threspondent further executed another gift settlement deed jointly in favour of the petitioner and his brother with regard to property situated at Gudimalkapur, Mehdipatnam in Municipal bearing No.12-2- 752/A/1/A/6 which is registered on 30.07.2009. Thereby contends that the petitioner and 7^th respondent to the best knowledge of all family members, particularly sisters and brothers-in-law are in absolute possession and enjoyment of the said properties. The petitioner further contends that pursuant to the execution of the gift deeds in their favour, their names are also mutated in the municipal records and they are regularly paying all statutory municipal taxes.

5. At this juncture, after the demise of the petitioner’s father, the petitioner has taken responsibility as an elder brother of last two unmarried sisters and performed their marriages. The petitioner contends that his sisters received independent houses in addition to their shares given at the time of marriages. Thereby contends that for all the practical purposes, the sisters received more than their respective shares of the property as per the Islamic Law. As such contends that they have nothing to do with the properties.

6. Petitioner contends that taking advantage of the situation, his sisters, with whom the 6^th respondent is residing, made her to execute the cancellation of the subject Gift Deed at a belated stage for the obvious reasons.

7. The petitioner further contends that on 24.06.2015, he received a legal notice informing about the cancellation of the subject Gift Deeds by the 6^th respondent and the said legal notice issued to the petitioner and to the 7^th respondent, who is also the absolute owner and possessor of the property under gift settlement deed executed by the 6^th respondent. Pursuant to the legal notice, he verified the matter and obtained the copies of the cancellation deed dated 25.05.2015. Aggrieved by the same, he approached this Court.

8. The 4^th respondent/Sub-Registrar filed the counter stating that at the time of registration of the gift settlement deeds, the signatures of the donees were not taken in the records maintained by the 5^th respondent. The 4^th respondent contends that there is provision in Article 49(b) of Schedule 1A of the Indian Stamp Act for Revocation of Settlement Deeds. As per the provision, the cancellations of the previously registered gift settlement deeds were registered. The 4^th respondent further contends that there is no embargo on the unilateral cancellati