D.Antonysamy v. The Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 7896 of 2021 and W.M.P. No.8436 of 2021 D.Antonysamy .. Petitioner Vs 1.The Sub-Registrar, Joint I, Cuddalore, Cuddalore - 607 002.

2.A.Mariadoss .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records and quash the order / endorsement dated 23.02.2021 made by the first respondent in refusing to register the revocation deed dated 17.02.2021 revoking the settlement deed dated 29.09.2006 and registered as document No.2384/2006 with the first respondent and consequently direct the first respondent to register the revocation deed dated 17.02.2021 revoking the settlement deed dated 29.09.2006 registered as document No.2384/2006 with the first respondent. For Petitioner : Mr. D.Baskar For Respondent : Mr. T.M.Pappiah Special Government Pleader O R D E R This writ petition is filed for issuing a writ of certiorarified mandamus to quash the impugned order passed by the first respondent refusing to register the revocation of gift deed dated 17.02.2021, revoking the settlement deed dated 29.09.2006 and consequently to direct the first respondent to register the revocation deed dated 17.02.2021.

2. Brief facts that are set out in the affidavit filed in support of the writ petition are as follows:

The petitioner was the absolute owner of certain properties particularly of an extent about 5775 Sq.ft. along with a building bearing No.27/1 in Velu Nagar, Cuddalore Town, Cuddalore District. It is admitted by the petitioner that the petitioner executed a settlement deed dated 29.09.2006 in favour of the second respondent who is none else than the petitioner's son. The said settlement deed was registered as document No.2384/2006. After the execution of settlement about 15 years back, the petitioner executed a deed cancelling the previous settlement deed dated 29.09.2006. When the deed of revocation dated 17.02.2021, revoking the settlement dated 29.09.2006, was presented for registration, the first respondent refused to accept the document for registration by the impugned order. Challenging the impugned order, the above writ petition is filed.

3. The first respondent relying upon the circular of Inspector General of Registration dated 29.11.2018, observed that the Sub-Registrar is not competent to register the unilateral cancellation of settlement deed. This Court following the judgment of Full Bench of this Court, held in several cases that unilateral cancellation of deed of conveyance including a settlement deed is not permissible and registration of such unilateral cancellation deed is opposed to public policy. It is true that a deed of gift can be revoked or suspended in terms of Section 126 of Transfer of Property Act. However, Section 126 of Transfer of Property Act, can be applied only if the gift is subject to certain conditions.

In the present case, the settlement deed was executed by the petitioner in favour of the second respondent by a registered instrument dated 29.09.2006. The settlement deed was signed by the petitioner and the execution of document as such is not disputed. There is no condition attached to the settlement deed and it is a document conveying title absolutely. The document itself refers to acknowledgment of the gift by the second respondent. Possession was also handed over to the second respondent as per the terms of the settlement deed. Such a document conveying absolute title cannot be unilaterally cancelled. Once a person executes a deed of conveyance transferring his entire interest, he ceases to be the owner after all his interest being transferred in favour of another.

Hence he has no right to deal with the property as an owner or a person having any interest over the property. This Court has also indicated that such unilateral cancellation, if permitted, will be against public policy and therefore, this Court does not find any error or illegality of the order of the first respondent refusing to register the document.

4. This writ petition is devoid of merits and therefore, dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, petitioner is given liberty to approach the Civil Court for appropriate relief, if he is so advised.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar bkn To The Sub-Registrar, Joint I, Cuddalore, Cuddalore - 607 002.

+1cc to Mr.D.Baskar, Advocate, S.R.No.20624 W.P. No. 7896 of 2021 JPL(CO) CB(20/07/2021)