GARGAGABOYINA RADHAKRISHNAD Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The petitioners and respondent No. 4 are brothers. The 4th respondent owned premises bearing No. 14-2-12, comprising of ground and first floors, at Anakapalle, Visakhapatnam District. He executed a gift deed dated 05.01.2005 in favour of the 1st petitioner in respect of first floor and a gift deed dated 23.06.2005 in favour of the 2nd petitioner in respect of ground floor. The petitioners state that possession of the property was delivered to them and that ever since then, they are in enjoyment of the same. The 4th respondent executed two deeds of cancellation on 18.12.2010 cancelling the gift deeds referred to above. They were registered by the Sub-Registrar, Anakapalle, 2nd respondent herein. The petitioners challenge the action of the 2nd respondent in registering the said deeds of cancellation. They contend that the absolute title in respect of the property stood transferred in their favour with the execution of gift deeds and acceptance thereof and that the 2nd respondent ought not to have registered the deeds of cancellation, unless they are executed with the participation of all the parties to the transaction.

(2.) No counter affidavits are filed by the respondents.

(3.) Sri P. Rajasekhar, learned counsel for the petitioners submits that the registration of the documents by the 2nd respondent is contrary to Rule 26 (k) of the A.P. Rules framed under the Registration Act (for short the Rules') and the judgment of the Supreme Court in Civil Appeal No. 317 of 2006. He submits that once the transfer of immovable property by way of gift, is complete, it can be cancelled only with the participation of both the parties.