A.MOHANRAJ Vs. DISTRICT REGISTRAR, NAMAKKAL DISTRICT

JUDGEMENT

(1.) Aggrieved over the Cancellation of the Settlement Deed dtd. 17/5/2012 registered as Document No. 1529/2012 on the file of the second respondent, the petitioner has preferred the present writ petition.

(2.) The fourth respondent executed a registered Gift Settlement Deed dtd. 4/4/2012 vide Document No. 1206/2012 in favour of the petitioner, who is her brother, out of natural love and affection and put him possession of the property mentioned in the Schedule. Later, she cancelled the Gift Settlement Deed dtd. 4/4/2012, by way of Cancellation of Settlement Deed dtd. 17/5/2012, vide Document No. 1529/2012 which was registered at the office of the second respondent. The only reason given by the fourth respondent for cancellation of settlement deed reads as under: Tamil language

(3.) According to the petitioner, registered Settlement Deed cannot be cancelled in view of the requirements that there must be execution of a registered settlement deed; acceptance of settlement deed and delivery of the property. Further, as per Sec. 126 of the Transfer of Property Act, 1882, the settlor and settlee must have agreed that the settlement shall be suspended or revoked on the happening of a specified event, such event must be one which does not depend upon the settlor's will, the settlor and settlee must have agreed to the condition at the time accepting the gift and the condition should not be illegal or immoral and should not be repugnant to the estate created under the gift. Further, registration of the Cancellation of Settlement Deed is per se illegal and void ab initio.