Madras High Court
P.Palanisamy vs The Inspector General Of ... on 10 January, 2023
W.P.(MD) No.9329 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.9329 of 2016
and
W.M.P.(MD) No.7392 of 2016
P.Palanisamy ... Petitioner
/vs./
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai 600 028.
2.The District Registrar (Administration),
Karaikudi,
Sivagangai District.
3.The Sub Registrar,
Singampunari Sub Registrar Office,
Thiruppathur Taluk,
Sivagangai District.
4.Bhuvaneswari ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents 1 to 3 to strike off the
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W.P.(MD) No.9329 of 2016
registration of Document bearing No.480/2016, dated 16.03.2016 on the file of
the 3rd respondent.
For Petitioner : Mr.M.Saravanan
For R1 to R3 : Mr.S.Shanmugavel
Additional Government Pleader
For R4 : Mr.S.Ramesh
ORDER
The writ petition is challenging the registration of a unilateral cancellation
deed executed by the fourth respondent herein.
2.The fourth respondent had originally executed a gift deed in favour of the
petitioner on 17.07.2014 vide Doc.No.840/2014 on the file of the third
respondent herein. The question of registration of an unilateral cancellation deed
is no longer res integra, in view of the Full Bench decision of this Court in the
case of Sasikala and another Vs. The Revenue Divisional Officer cum Sub
Collector, Sivagangai and others reported in 2022 (5) CTC 257. The relevant
paragraph of the aforesaid judgment is extracted hereunder:-
“42. Section 126 of the Transfer of Property Act recognizes the
power of revocation where the donor reserves a right to suspend or
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W.P.(MD) No.9329 of 2016
revoke the gift on happening of any specified event. However, the
illustrations clarifies that the revocation should be with the assent of
the donee and it shall not be at the will of donor as a gift revocable at
the mere Will of the donor is void. The Sub- registrar cannot decide
whether there was consent for revocation outside the document. If the
donor by himself reserves a right to revoke the gift at his Will without
the assent by donee, the gift itself is void. Since we are dealing with
unilateral cancellation, the power of registration of cancellation or
revocation of gift deed cannot be left to the discretion or wisdom of
registering authority on facts which are not available or descernible
from the deed of gift. When the power of revocation is reserved under
the document, it is permissible to the registering officer to accept the
document revoking the gift for registration only in cases where the
following conditions are satisfied;
(a)There must be an agreement between the donor and donee
that on the happening of a specified event which does not depend on
the Will of the donor the gift shall be suspended or revoked by the
donor.
(b)Such agreement shall be mutual and expressive and seen from
the document of gift.
(c)Cases which do not fall under Section 126 of Transfer of
Property Act, unless the cancellation of Gift or Settlement is mutual,
the registering authority shall not rely upon the self serving statements
or recitals in the cancellation deed. For example questioning whether
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W.P.(MD) No.9329 of 2016
the gift deed was accepted or acted upon cannot be decided by the
registering authority for the purpose of cancelling the registration of
gift or settlement deed.”
3.In view of the aforesaid judgment, the registration of the document
impugned in this writ petition is a void registration. Hence, the Mandamus as
prayed for in this writ petition is issued and the rule nisi is made absolute.
However, the fourth respondent is at liberty to approach the appropriate civil
Court for appropriate remedy available to him.
4.With the above direction, the Writ Petition is allowed. However, there
shall be no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
Speaking : Yes / No 10.01.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
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W.P.(MD) No.9329 of 2016
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam,
Chennai 600 028.
2.The District Registrar (Administration),
Karaikudi,
Sivagangai District.
3.The Sub Registrar,
Singampunari Sub Registrar Office,
Thiruppathur Taluk,
Sivagangai District.
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W.P.(MD) No.9329 of 2016
K.KUMARESH BABU, J.
mm
W.P.(MD) No.9329 of 2016
10.01.2023
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