The court declared the registration of a unilateral Revocation of Gift Settlement Deed illegal and without jurisdiction, holding that such unilateral cancellation is void and requires a competent civil court order.
The Writ Petition was allowed to declare the registration of the Revocation Deed illegal and without jurisdiction.
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THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
WP.No.33864 of 2012
O R D E R :
Heard counsel for the petitioner and the Government Pleader for Revenue appearing for respondents 1 to 3.
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not been delivered to the petitioner at the time when the Gift Settlement Deed dt.13.03.2008 was executed by her, even though a contrary statement had been made in the Gift Settlement Deed dt.13.03.2008.
“The Supreme Court, in Thota Ganga Laxmi v. Government of A.P., Judgment in CA No.791 of 2007 and Batch, held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or registered. The Supreme Court, after referring to Rule 26(i)(k) of the Registration Rules, held that it is onloy when the earlier sale deed is cancelled by a competent Court can a cancellation deed be registered that too after notice to the concerned parties; and unilateral cancellation of the sale deed, as well as registration thereof, were wholly void, non est and meaningless transactions. The
1 2012(2) ALD 230
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observations of the Supreme Court, aforementioned, made in the context of sale deeds would equally apply to unilateral cancellation of gift deeds also. Unilateral cancellation of the gift deed in the present case must therefore be, and is, declared to be void. It is made clear that this order will not preclude the respondent from invoking the jurisdiction of the competent civil Court for cancellation of the subject gift deed.”
06th March, 2017 gra
____________________________ M.S. RAMACHANDRA RAO, J
3 issues framed by the court
Whether the Sub-Registrar had jurisdiction to register a unilateral Revocation of Gift Settlement Deed without a prior court order.
Whether a unilateral revocation of a registered gift deed is valid under the law.
Whether the registration of such a revocation deed is illegal and without jurisdiction.
Petitioner
1st Respondent
Government Pleader for Revenue
3rd Respondent
4th Respondent
5th Respondent
M.S. Ramachandra Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
