SUNITHA GRIDHARIDAS Vs. SUB REGISTRAR

JUDGEMENT

(1.) This Writ Petition has been filed challenging the registration of the revocation of settlement deed dtd. 31/12/2013 as Document No.5149 of 2013, by the 1st respondent.

(2.) The case of the petitioners is that Mrs.Ishwari Bai, who is the mother of the 1st and 2nd petitioners and the grandmother of the 3rd petitioner executed a settlement deed dtd. 1/10/2009 in favour of the petitioners and it was presented for registration before the 1st respondent and registered as Document No.3479 of 2009. The further case of the petitioners is that the subject property that was settled in favour of the petitioners vested in them absolutely.

(3.) It is stated that Iswari Bai passed away at the age of 88, on 3/3/2015. All of a sudden, the 3rd respondent who is the brother of the 1st and 2nd petitioners started claiming absolute right over the subject property on the basis of a settlement deed dtd. 31/12/2013. When the petitioners enquired about the same, it came to their knowledge that the said Ishwari Bai had unilaterally cancelled the settlement deed dtd. 1/10/2009 through the revocation deed dtd. 31/12/2013. Aggrieved by the registration of the revocation deed by the 1st respondent, whereby the settlement deed executed in favour of the petitioners was unilaterally cancelled, the present Writ Petition has been filed questioning the same.