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7. The first respondent executed the deed in the year 2012 with the hope that the petitioners will take care of him and his wife (second respondent). But soon after the settlement deed, the petitioners started behaving indifferently forcing the respondents to revoke the settlement deed. To meet out his medical expenses, he was forced to mortgage the property with the 3rd respondent/Shri Ram City Union http://www.judis.nic.in Finance Ltd., since the petitioners refused to meet the expenses. Having failed to fulfil the condition of the settlement deed, the 4th respondent has every right to unilaterally cancel the earlier settlement deed. Being a senior citizen, the 1st and 2nd respondents are protected under the Maintenance and Welfare and Parents and Senior Citizen Protection Act, 2007. The law as well as judgements of this Court has clarified the powers of the registering authorities in respect of registering unilateral cancellation deed documents. Any settlement deed wherein, certain condition has been imposed on the settlee, and if an unilateral revocation/cancellation of such settlement deed is executed by the settler clearly stating that settlee has not fulfilled conditions imposed in the settlement deed, the same can be registered after ensuring that said conditions were specifically mentioned in the said settlement deed. Following the pronouncement of Courts, Inspector of Registration, have also issued circulars giving instruction to the Registering Authorities in the state when unilateral cancellation of deed can be entertained. In this case, the property was settled in the name of the petitioners with the hope that, they will maintain the 1st and 2nd respondents. Later, when the plaintiffs failed to maintain the respondents, pointing the breach of the condition, the settlement deed was cancelled. So, the said revocation deed is valid in law.

11. The 4th respondent, Sub-Registrar, Purasaiwakkam, whose action of registering the cancellation deed under challenge has filed counter affidavit, wherein he has stated that, the document presented by the 1st respondent viz., unilateral cancellation of the settlement deed was accepted for registration based on the judgment of the High Court rendered in S.M.Syed Mohammed Buhari Vs. The Sub-Registrar, (District Registrar Cadre) Triplicane, Chennai reported in CDJ 2011 MHC 6273. This judgment has distinguished the Full Bench Judgment of the Madras High Court rendered in M/s.Latif Estate Line India Ltd Vs. Hadeeja Ammal and others, which was rendered in respect of sale deed. Whereas, the case in hand being a settlement deed which stand on a different footing. Hence, the recourse to the petitioners is to file Civil Suit to get discredit the deed of cancellation of settlement. Writ petition is not maintainable.

a). Any settlement deed wherein no condition whatsoever has been imposed on the settlee, and if an unilateral revocation/cancellation of such settlement deed executed by the settler is presented for registration, registering officers shall not accept such unilateral revocation/ cancellation deeds for registration and check slip shall be issued in this regard.
(iv) In other cases, a complete and absolute sale can be cancelled at the instance of the transferor only by taking recourse to the Civil Court by obtaining a decree of cancellation of sale deed on the ground inter alia of fraud or any other valid reasons.

19. Later when the question of the validity of unilateral cancellation of settlement deed came up for consideration, Judges of this Court followed the dicta laid by in M/s.Latif Estate Line India Ltd, case cited supra and held that registration of deed of cancellation cannot sustain in law, being against public policy.