Madras High Court
T.R. Sethuraman vs / on 21 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.29888 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.29888 of 2024
and
W.M.P.(MD)No.25181 of 2024
1. T.R. Sethuraman
2. T.S.Geetha ... Petitioners
/Vs./
1. The District Registrar
South District Registrar Office,
Madurai, Madurai District.
2. The Joint Sub Registrar No.1
1st Joint Sub Registrar Office,
Madurai South Registration Office,
Madurai, Madurai District.
3 T.R.Rajendran
4 K.S.Sabitha ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue of Writ of Mandamus, to declare that the impugned cancellation
of Gift Deed dated 13.01.2012 in Registration No.379/2012 on the file of
2nd respondent executed by deceased Mrs.T.R.Kamalam as null and void
1/8
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W.P.(MD)No.29888 of 2024
and consequently remove the same from reflecting in Encumbrance
Certificate issued by the 2nd respondent with regard to property covered
by impugned deed.
For Petitioners : Mr.R.Rajesh Saravanan
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader for R1&2
ORDER
This writ petition has been filed seeking for a declaration, to
declare the impugned cancellation of gift deed dated 13.01.2012 vide
document No.379/2012 on the file of 2nd respondent executed by
deceased Mrs.T.R.Kamalam, as null and void.
2. Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
3. The property comprised in Town Survey No.758/1 (Old survey
No.122/2pt, 758/1pt – T.S.No.490/2), to an extent of 485.625 sq.ft.,
situated at Door No.16A/1, Sindhu Balakrishna Iyyer Land,
Srinivasaperumal Kovil Street, Madurai, Madurai District, owned by the
mother of the first petitioner, viz.,T.R.Kamalam. Subsequently, she had
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gifted the said property in favour of the first petitioner by the settlement
deed dated 23.08.2010 vide document No.9022/2010. Thereafter, the
first petitioner had settled the said property in favour of the second
petitioner, by the settlement deed dated 23.11.2011 vide document No.
10901/2011. In turn, the second petitioner sold out the said property in
favour of the fourth respondent by way of registered sale deed dated
23.05.2024 vide document No.2103/2024. Thereafter, on verification of
encumbrance certificate, the petitioners came to understand that the gift
deed executed in favour of the first petitioner by his mother was
unilaterally cancelled by his mother by the cancellation of gift deed on
13.01.2012 vide document No.379/2012. Thereafter, she also died on
22.05.2013. She had only two sons, viz., the petitioner and the third
respondent herein.
4. Though notice was issued to the third respondent, no one
present, either by person or by a counsel. That apart, the cancellation of
gift deed is not at all acted upon sofar. In pursuant to the gift deed
executed in favour of the first petitioner, there were several transactions
in respect of the subject property. The unilateral cancellation cannot be
sustained.
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5. The issue of unilateral cancellation has been dealt with by the
Hon'ble Full Bench of this Court in the case of Sasikala V. Revenue
Divisional Officer reported in 2022 (5) C.T.C 257, wherein in paragraph
No.44, is 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.
vs Government 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
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deed of 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 are revocable and not coupled with interest.”
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6. Thus, it is clear that unilateral cancellation of sale deed or deed
of conveyance cannot be accepted for registration. Insofar as the gift
deed or settlement deed is concerned, the revocation or cancellation is
permissible only in a case which fall under Section 126 of the Transfer of
Property Act, and the registering authority can accept the deed of
cancellation of gift for registration subject to the condition as stipulated
under Section 126 of the Transfer of Property Act.
7. In view of the above, the unilateral cancellation of gift deed on
13.01.2012 vide document No.379/2012, cannot be sustained and it is
declared as null and void. With the above observation, this Writ Petition
stands allowed. No costs. Consequently, connected Miscellaneous
Petition is closed.
21.01.2025
Index : Yes / No
NCC : Yes / No
LS
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TO:-
1. The District Collector
Office of the District Collector,
Madurai District, Madurai.
2. The Madurai Corporation Commissioner,
Office of the Commissioner,
Madurai Corporation, Annamaligai,
Madurai District.
3. The Thasildar
Office of the Tahsildar, East Taluk,
Madurai District.
4. The Executive Engineer
Madurai Corporation, Annamaligai,
Madurai District.
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G.K.ILANTHIRAIYAN, J.
LS
Order made in
Dated:
21.01.2025
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