The petitioner sought cancellation of a refusal check-slip denying registration of a deed purporting to cancel a prior settlement deed. The Court held that once title is passed via a registered settlement, unilateral cancellation is void ab initio. The writ petition was dismissed.
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WP.No.1490 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.1490 of 2022 and W.M.P.No.1637 of 2022
E.P.Palanisamy .. Petitioner
Versus
1.The Inspector General of Registration Santhome High Road Pattinapakkam, Chennai.
2.The District Registrar Coimbatore, Coimbatore District
3.The Sub Registrar Madukkarai Coimbatore District
4.E.P.Krishnakumar 5.P.K.S.Anandha Krishnan 6.P.K.S.Ramakrishnan
7.E.P.Jeevarathanakumar
8.Minor Kavin .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarifed Mandamus, calling for the records of the order dated 31.12.2021 vide Proceedings in RFL/Madukarai/27/2021 on the file of 3rd respondent and quash the same and directing the 3rd respondent to register and release the cancellation of the settlement deed dated 24.11.2021 to the petitioner.
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For Petitioner : Mr.K.Myilsamy For Respondents : Mr.J.Ravindran, AAG assisted by Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3
No appearance for R4 to R8
ORDER
Challenge has been made as against the refusal checkslip dated 31.12.2021 refusing to register the settlement deed.
was refused to be registered on the ground that unilateral cancellation is not permissible. Hence, this writ petitioner.
disposal.
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executed and title is already passed in favour of the settlee, unilateral cancellation is not permissible under law and void ab initio. Further, the Full Bench of this court in a decision in Sasikala vs. Revenue Divisional Officer cum Sub Collector and another made in W.P.(MD).Nos.6889 of 2020 etc., batch cases dated 02.09.2022 has held as follows :
“44. From the discussions and conclusions we have reached above with reference to various provisions of Statutes and precedents, we reiterate the dictum of Hon'ble Supreme Court in Thota Ganga Laxmi and Ors.-vsGovernment of Andhra Pradesh & Ors., reported in (2010) 15 SCC 207 and the Full Bench of this Court in Latif Estate Line India Ltd., case, reported in AIR 2011(Mad) 66 and inclined to follow the judgment of three member Bench of Hon'ble Supreme Court in Veena Singh's case reported in (2022) 7 SCC 1 and the judgment of two member Bench of Hon'ble Supreme Court in Asset Reconstruction Company (India) Ltd., case, reported in 2022 SCC On-line SC 544 for the following propositions:
(a) A sale deed or a deed of conveyance other than testamentary dispositions which is executed and registered cannot be unilaterally cancelled.
(b) Such unilateral cancellation of sale deed or a deed of
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conveyance is wholly void and non est and does not operate to
execute, assign, limit or extinguish any right, title or interest in the
property.
(c) Such unilateral cancellation of sale deed or deed of conveyance cannot be accepted for registration.
(d) The transferee or any one claiming under him or her
need not approach the civil Court and a Writ Petition is maintainable to challenge or nullify the registration.
(e) However, an absolute deed of sale or deed of conveyance which is duly executed by the transferor may be cancelled by the Civil Court at the instance of transferor as contemplated under Section 31 of Specific Relief Act.
(f) As regards gift or settlement deed, a deed of revocation or cancellation is permissible only in a case which fall under Section 126 of Transfer of Property Act, and the Registering Authority can accept the deed of cancellation of gift for registration subject to the conditions specified in para 42 of this judgment.
(g)The legal principles above stated by us cannot be
applied to cancellation of Wills or power of Attorney deed which
https://www.mhc.tn.gov.in/judis are revocable and not coupled with interest.
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whims and fancies of the parties. Once the title is already passed, the settlor has not right to cancel the document to regain the title. Such view of the matter, I do not find any merits in the case and this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
11.06.2024
dhk Index :Yes/No Internet : Yes/No Neutral Citation : Yes/No
To
2.The District Registrar Coimbatore, Coimbatore District 3.The Sub Registrar Madukkarai Coimbatore District
N. SATHISH KUMAR, J.
dhk
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W.P.No.1490 of 2022
11.06.2024
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2 issues framed by the court
Whether a registered settlement deed transferring title can be unilaterally cancelled by the settlor?
Whether a refusal check-slip by a Sub-Registrar based on non-permissibility of unilateral cancellation is legally tenable?
Colour shows how this judgement treated each authority
Thota Ganga Laxmi and Ors. v. Government of Andhra Pradesh & Ors.Referred¶33
Thota Ganga Laxmi and Ors.-vsGovernment of Andhra Pradesh & Ors., reported in (2010) 15 SCC 207 · Who else cites this
Latif Estate Line India Ltd.Referred¶33
Latif Estate Line India Ltd., case, reported in AIR 2011(Mad) 66 · Who else cites this
Veena Singh's caseReferred¶33
Veena Singh's case reported in (2022) 7 SCC 1 · Who else cites this
Asset Reconstruction Company (India) Ltd.Referred¶33
Asset Reconstruction Company (India) Ltd., case, reported in 2022 SCC On-line SC 544 · Who else cites this
2 provisions across 2 enactments
E.P.Palanisamy
The Inspector General of Registration Santhome High Road Pattinapakkam, Chennai
The District Registrar Coimbatore, Coimbatore District
The Sub Registrar Madukkarai Coimbatore District
E.P.Krishnakumar
P.K.S.Anandha Krishnan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
