Madras High Court
Dr.A.Ganesan vs The Inspector General Of ... on 9 November, 2021
W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
W.P.No.20612 of 2021:-
Dr.A.Ganesan ... Petitioner
-Vs-
1. The Inspector General of Registration,
Santhome,
Mylapore,
Chennai-600 004.
2. The Sub-Registrar,
Madhuranthagam,
Kancheepuram District. ... Respondents
Prayer in W.P.No.20612 of 2021 :- Writ Petition filed under Article 226 of
the Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus, calling for the records relating to the proceedings made in Refusal
Slip Number: RFL/Maduranthagam/13/2021, dated 30.07.2021 passed by the
second respondent and quash the same and consequently direct the second
respondent to receive and register the deed of revocation deed, dated
26.07.2021 executed by the petitioner and return the same.
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W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
For all W.P.s.
For Petitioner : Mr.D.S.Pratap Singh for
Mr.P.M.Sozhendran.
For Respondents : Mr.Yogesh Kannadasan
Government Advocate.
COMMON ORDER
All the writ petitions have been filed challenging the order passed
by the second respondent, thereby refused to register the deed of cancellation
of settlement deed which were unilaterally presented for registration.
2. Heard Mr.D.S.Pratap Singh, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Government Advocate
appearing for the respondents.
3. The petitioner has executed a settlement deeds in favour of his son
G.Rajendran by way of settlement deeds, dated 14.09.2009, registered as
Document Nos.2951, 3092, 1476 of 2009 respectively and on 15.09.2009
registered as Document Nos. 4026, 761 and 3404 of 2009 respectively and on
15.02.2010 registered as Document No.376 of 2010. In the settlement deeds,
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W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
the petitioner had retained the life interest over the property which were settled
in favour of his son.
4. Thereafter, due to sudden death of his son, the petitioner decided to
cancel the settlement deeds which were executed in favour of his son.
Therefore, the petitioner executed deeds of cancellation of the settlement deeds
and presented for registration.
5. All the deeds of cancellation of settlement deeds were returned for
the reason that those deeds were presented for registration unilaterally on the
basis of the circular issued by the first respondent, dated 29.11.2018 vide
Document No.52666/C1/2018.
6. A perusal of the circular issued by the first respondent, dated
29.11.2018, revealed that from reading of several judgments of this Court, it
becomes apparent that any settlement deed wherein no condition whatsoever
has been imposed on Settlee, and in such a case unilateral cancellation of such
settlement deed without consent of Settlee is against public policy declared in
Section 126 of the Transfer of Property Act, 1882.
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W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
7. The said circular also extracted the provisions of Rule 162-A of the
Registration Rules framed under Section 69 of the Registration Act, 1908
extracted as follows.
"162-A. No Registration Officer shall accept for
registration any document or service agreement evidencing
bonded labour or transaction constituting an offence under any
law or opposed to public policy or morality.
5) In view of the legal position emerging from the
aforesaid judgments, registering officers are hereby clarified as
follows:
a) Any settlement deed wherein no condition
whatsoever has been imposed on the Settlee, and if an
unilateral revocation/cancellation of such settlement deed
executed by the Settlor is presented for registration, registering
officers shall not accept such unilateral revocation/cancellation
deeds for registration and check slip shall be issued in this
regard.
(vt;tpj epge;jidfSk; ,y;yhj Vw;ghL Mtz';fis vGjpf;
bfhLj;jth; kl;Lk; uj;J bra;J Mtzj;ijg; gjpt[f;F jhf;fy; bra;a[k;
epfH;t[fspy; mt;thtzj;ij gjpt[f;F Vw;fhky; kWg;g[r; rPl;L tH';fntz;Lk;)
b) Such revocation deeds can be accepted for
registration only if Settlee has joined in execution and
registration of the revocation deed.
(nkw;Fwpg;gpl;lthwhd uj;J Mtz';fspy; vGjpg; bgw;wtUk;
xg;gkpl;oUe;J gjpt[ mYtyh; Kd; njhd;wp ifbahg;gkpl;lhy; mt;thtzj;ijg;
gjpt[f;F Vw;fyhk;/)"
8. Therefore, the second respondent rightly rejected the documents
which were presented for registration unilaterally and this Court finds no
infirmity or illegality in the order passed by the second respondent. However,
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W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
the petitioner is at liberty to approach the Civil Court to nullify the Settlement
deeds executed in favour of his son in the manner known to law.
9. In the result, these writ petitions are dismissed. There shall be no
order as to costs.
09.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
To
1. The Inspector General of Registration,
Santhome,
Mylapore,
Chennai-600 004.
2. The Sub-Registrar,
Madhuranthagam,
Kancheepuram District.
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W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
G.K.ILANTHIRAIYAN, J.
mn
W.P.Nos. 20612, 20615, 20617, 20620, 20624, 20626 and 20630 of 2021
09.11.2021
https://www.mhc.tn.gov.in/judis
