Telangana High Court
Mohammad Abdul Nayeem vs The State Of Telangana on 14 February, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.4410 of 2025
ORDER:
This writ petition is filed seeking the following prayer:
"to declare the action of the 3rd respondent in not cancelling of Gift Deed
document Nos.2776/2022 dated 08.08.2022, 1102/2023 dated
31.03.2023 and AGPA No.1267/2023 dated 21.04.2023 as illegal,
improper, arbitrary, unconstitutional and against the principles of
natural justice consequently direct the 3rd respondent to consider
representation of the petitioner dated 31.01.2025 for cancellation of the
above registered deeds."
2. Brief facts of the case are that the petitioner (a senior citizen) claims to
be the absolute owner and possessor of the House bearing No.19-3-
1089/C/21, constructed on plot No.21, admeasuring 100 Sq.yards, consisting
of Ground + 2 floors, situated at Bibi ka Chashma, Falaknuma, Hyderabad,
having acquired the same through oral Hiba of his wife dated 23.01.2009.
Further case is that the petitioner with an intention that his Son i.e.,
respondent No.4 would take care of his welfare and necessities, gifted the
subject property to respondent No.4 and the same was registered vide Gift
Deed bearing document No.2776 of 2022 dated 08.08.2022. Later, respondent
No.4 without petitioner's knowledge executed Gift Settlement Deed in favour
of his brother i.e., respondent No.5 and the same was registered vide
document bearing No.1102 of 2023 dated 31.03.2023 and thereafter respondent
No.5 in order to have wrongful monetary gain executed a registered
Agreement of Sale cum GPA in favour of respondent No.6 and the same was
registered vide document No.1267 of 2023 dated 21.04.2023. The case of the
petitioner is that when respondent No.4 failed to look after him, then the
petitioner under the provision of the Maintenance and Welfare of Parents and
Senior Citizen Act 2007, filed case No.D/3312/2023 and the Revenue
Divisional Officer, Hyderabad vide order dated 18.05.2024 has passed the
following order:-
"The petitioners desires to leave his rest of his life peacefully without any
mental tension being created by the Respondents. The Respondent No.3 is
hereby ordered to cancel the Memorandum of Gift deed bearing document
No.2776/2022 and also the Respondent No.1 Memorandum of Gift deed
bearing document No.1102/2023 and the Respondent No.1 also ordered to
cancel the Agreement of Sale Cum General Power of Attorney bearing
document No.1267/2023 and also ordered to re-register the schedule of
property in the name of Petitioner.".
3. Learned counsel for the petitioner further submits that the petitioner
on 31.01.2025 made representation and requested respondent No.3 to cancel
the registered documents in respect of the subject property, however
respondent No.3 issued letter No.63/SRO/DB/2025 dated 04.02.2025, stating
the following:-
"A per the above orders the duly executed cancellation deeds by the above
respondents have to be presented in this office so that the same will be
registered. This office has no suo-motu powers to cancel any document.
The orders of the said above Tribunal do not contain any cancellation by
it."
Aggrieved by the same, this writ petition is filed.
4. The main grievance of the petitioner is that respondent authorities
inspite of receiving detailed representation dated 31.01.2025, has not initiated
any action and had not cancelled the registered documents in respect of the
subject property and pray this Court to direct the respondent authorities to
cancel the registered document bearing Nos.2776 of 2022 dated 08.08.2022,
1102 of 2023 dated 31.03.2023 and AGPA No.1267 of 2023 dated 21.04.2023.
5. Heard and perused the material available on record.
6. In the present case it is pertinent to refer to the Judgment passed by the
Hon'ble Supreme Court in Thota Ganga Laxmi V. Government of Andhra
Pradesh, wherein the Apex Court 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
only 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.
7. In the case on hand, the petitioner already executed the gift deed in
favour of respondent No.4 and the registering authority as per provisions of
Registration Act, 1908 registered the same as Doc No.2776 of 2022 and
subsequently, registered gift settlement deed bearing No.1102 of 2023 and
AGPA No.1267 of 2023. As far the issue of cancellation of the documents is
concerned, a query was raised by this Court whether the Sub-Registrar is
empowered to cancel the registered documents, learned counsel for the
petitioner failed to answer the same. In view of the same, no mandamus can
be issued to the Sub-Registrar i.e, respondent No.3 to cancel the registered
documents and the writ petition with such a prayer is devoid of merits and is
liable to be dismissed.
8. For the foregoing reason and by applying the law laid down in Thota
Ganga Laxmi V. Government of Andhra Pradesh, this writ petition is
dismissed. However, this order does not preclude the petitioner to seek
appropriate remedy as available under law.
Miscellaneous applications, if any pending, shall stand closed. No
order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 14.02.2025
SU
