Settlor challenged refusal to register unilateral cancellation of her 1994 settlement deed after the settlee son's death. Court held the property devolved on settlee's legal heirs and the deed preserved her life interest only, so cancellation required legal heirs' participation. Writ petition dismissed.
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W.P.(MD)No.30936 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.30936 of 2024
Sulaika Beevi ... Petitioner
/Vs./
The Sub Registrar, (Document Registration Department), Thoothukudikeelur Sub Registrar Office, Thoothukudi District.
... Respondent
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in Refusal No. RFL/Keelur/237/2024 dated 16.12.2024 passed by the respondent and quash the same and consequently direct the respondent to register the Cancellation deed presented by the petitioner dated 29.11.2024.
For Petitioner : Mr.S.Vishnuvardhan For Respondent : Mr.M.Sarangan Additional Government Pleader
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ORDER
This writ petition has been filed challenging the impugned refusal check slip issued by the respondent thereby refused to register the unilateral cancellation of the settlement deed dated 29.11.2024.
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register the same by the impugned refusal check slip dated 16.12.2024, which is under challenge in this writ petition.
4. The learned counsel appearing for the petitioner would submit that the petitioner's son, who is the settlee died and therefore, she decided to cancel the settlement deed and presented the cancellation of the settlement deed for registration.
5. Though the settlee died, the property which was settled in favour of the settlee devolved on his legal heirs. If at all the settlor wants to cancel the settlement deed, the settlor has to prefer cancellation of the settlement deed, along with the legal heirs of the settlee and present the same for registration.
6. It is seen that after demise of the settlee, the petitioner does not want to give the property to her grandchildren and her daughter-in-law. The recital of the settlement deed also reveals that the petitioner's life interest is very much there in respect of the subject property. Therefore, though the settlee died, the petitioner has the life interest over the subject
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property till her lifetime. The legal heirs of the settlee have no absolute right over the subject property till the lifetime of the settlor, namely, the petitioner herein.
7. In view of the above, the respondent rightly refused to register the unilateral cancellation of the settlement deed and this Court finds no infirmity or illegality in the order passed by the respondent. Hence, this writ petition is dismissed. No costs.
19.12.2024 Index : Yes / No NCC : Yes / No Sm
W.P.(MD)No.30936 of 2024
TO:-
The Sub Registrar, (Document Registration Department), Thoothukudikeelur Sub Registrar Office, Thoothukudi District.
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W.P.(MD)No.30936 of 2024
G.K.ILANTHIRAIYAN, J.
Sm
Order made in W.P.(MD)No.30936 of 2024
Dated: 19.12.2024
1 issue framed by the court
Can a settlor unilaterally cancel a settlement deed after the settlee's death when the property devolved on the settlee's legal heirs?
Sulaika Beevi
The Sub Registrar, (Document Registration Department), Thoothukudikeelur Sub Registrar Office, Thoothukudi District
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
