Madras High Court
Mr.L. Siddharthan vs The Sub Registrar on 15 September, 2014
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2014 CORAM THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN W.P. Nos. 26224 & 26225 of 2010 & M.P. Nos. 1/2010, 1/2011 & M.P. No. 2/2010 W.P. No. 26224 of 2010 Mr.L. Siddharthan ..Petitioner Vs. 1. The Sub Registrar, Theagarayanagar, Chennai 600 017. 2. Mrs.L. Saroja (since deceased) 3. Mr. L. Rajendran 4. Mr.L. Indirajith 5. Ms.L. Vijayalakshmi (R4 and R5 substituted as LRs in the place of deceased 2nd respondent as per order dated 13.08.2012 by KKSJ in M.P. No. 1 of 2012 in W.P. No. 26224/2010. ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records culminating in the cancellation of the Settlement Deed dated 26.02.2003 and to quash the Deed of Cancellation dated 15.07.2010 bearing Document No. 1563 of 2010 registered before the 1st respondent herein and consequently direct the 1st respondent to cancel the entries in the Encumbrance Certificate and take suitable action against the 3rd respondent herein under the provisions of the Registration Act, 1908. For Petitioner :: Mr.M. Arvind Subramaniam For Respondents :: Mr.RM.Muthukumar, Govt. Advocate for R1 No appearance for R4 & R5 Mr. Arivazhagan for R3 W.P. No. 26225 of 2010 Mr.L. Indirajith ..Petitioner Vs. 1. The Sub Registrar, Theagarayanagar, Chennai 600 017. 2. Mrs.L. Saroja (since deceased) 3. Mr. L. Rajendran 4. Mr.L. Siddharthan 5. Ms.L. Vijayalakshmi (R4 and R5 substituted as LRs in the place of deceased 2nd respondent as per order dated 13.08.2012 by KKSJ in M.P. No. 1 of 2012 in W.P. No. 26225/2010. ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records culminating in the cancellation of the Settlement Deed dated 26.02.2003 and to quash the Deed of Cancellation dated 15.07.2010 bearing Document No. 1562 of 2010 registered before the 1st respondent herein and consequently direct the 1st respondent to cancel the entries in the Encumbrance Certificate and take suitable action against the 3rd respondent herein under the provisions of the Registration Act, 1908. For Petitioner :: Mr.M. Arvind Subramaniam For Respondents :: Mr.RM.Muthukumar, Govt. Advocate for R1 Mr.Arivazhagan for R3 No appearance for R4 & R5 O R D E R
The writ petitions have been filed challenging the cancellation of the Settlement Deeds dated 26.02.2003 bearing Document Nos. 411/2003 & 410/2003 respectively and to quash the Deeds of Cancellation dated 15.07.2010 bearing Document Nos. 1563 of 2010 and 1562 of 2010 respectively.
2. The case of the petitioners in the respective writ petitions, who are brothers, is that they are absolute owners of 50% of the property bearing Door No.1, Bharathidasan Street, Tirupur Kumaran Colony, II Street, Saidapet, Chennai, by virtue of Settlement Deeds dated 26.02.2003 registered as Document Nos. 411/2003 and 410/2003 respectively before the 1st respondent and that they are in possession and enjoyment of the property settled on them, by their mother. While so, according to the petitioners, the 3rd respondent, who is also their brother, by forging their mother's signature, has managed to cancel the Settlement Deeds executed in favour of the petitioners and subsequently, he also got Settlement Deeds executed in his favour and registered as Document Nos. 1673 of 2010 and 1672 of 2010 before the 1st respondent, thereby, transferring the property in his name. Though the petitioners made representations to the 1st respondent, in this regard, there was no response. Hence, the present writ petitions.
3. It is an admitted case that the 2nd respondent executed Settlement Deeds in favour of the respective petitioners, which were duly registered as Document Nos. 411 & 410 of 2003. Now, the petitioners are aggrieved over the cancellation of the Settlement Deeds executed in their favour unilaterally and subsequent, execution of Settlement Deeds, in respect of the property settled on them, in favour of the 3rd respondent, which were also registered as Document Nos. 1673 of 2010 and 1672 of 2010 by the 1st respondent, without notice to them.
4. Justice S. Rajeswaran, in the judgment reported in 2014 (3) CTC 113 (D.V.Loganathan V. The Sub-Registrar), following the judgment of the learned Single Judge of this Court rendered in W.P. No. 17983 of 2011 dated 01.03.2012, has held that registration and cancellation of Settlement Deed is against Public Policy, as it is not open to the Sub-Registar to register the cancellation of the Deed, when the Settlement Deed is unconditional and irrevocable. If at all, the party who has executed the document, is aggrieved by the Settlement Deed, he has to approach the Civi Court to set it aside, but, certainly, cannot, unilaterally cancel it by getting the Deed of Cancellation registerd with the Sub-Registrar. Further, it was held that the Cancellation Deed and its registration is, therefore, without jurisdiction and the same is liable to be set aside. Recently, the Honourable Supreme Court, in the judgment reported in 2014 (4) CTC 572 (Renikuntla Rajamma (D) by Lrs V. K. Sarwanamma) has held that when a Gift Deed is executed, duly signed by the donor, making it a valid Gift, it cannot be cancelled and mere retention of right to use the property during the life time of the donor, does not, in any way affect the transfer of ownership in favour of donee.
5. In the light of the above cited judgments, the Deeds of Cancellation registered as Document Nos. 1563 of 2010 and 1562 of 2010 and S. VAIDYANATHAN,J.
nv the consequential Deeds of Settlement registered as Document Nos. 1673 of 2010 and 1672 of 2010 cannot stand in the eye of law and they are, therefore, set aside. It is open to the 3rd respondent to pursue his remedy before the Civil Court. The writ petitions are disposed of accordingly. No costs. Connected M.Ps are closed.
15.09.2014 nv To The Sub Registrar, Theagarayanagar, Chennai 600 017.
W.P. Nos. 26224 & 26225 of 2010