KAPUGANTI JAGANNADHA GUPTA Vs. DISTRICT REGISTRAR SRKAKULAM

JUDGEMENT

(1.) The petitioner and respondent No. 7 are the sons of respondent Nos. 5 and 6. Respondent Nos. 5 to 7 executed a deed of gift on 15.09.2004 in favour of the petitioner transferring an item of immovable property. The petitioner states that he accepted the gift and made several improvements to the property by incurring expenditure. The 5th respondent executed a deed of cancellation of the gift on 19.09.2011 and the same was admitted to registration by the Sub Registrar, Srikakulam, the 2nd respondent. The petitioner challenges the action of the 2nd respondent in registering the document. The petitioner contends that when the gift was accepted by the donee and valuable rights have accrued, the donor has no power to revoke it. He contends that the deed of cancellation can be accepted by registering authority, only when it is executed with the consent of the parties to the transaction. The 5th respondent filed a counter affidavit opposing the writ petition. He contends that though the property exclusively belongs to him, the gift deed was executed by himself and respondent Nos. 6 and 7. It is stated that the gift in favour of the petitioner was conditional and the necessity to cancel the gift deed has arisen on account of violation of conditions by the petitioner. He further submits that the prohibition contained under Rule 26 of the Andhra Pradesh Rules framed under the Registration Act, 1908, would operate, only in respect of sale deeds.

(2.) Heard learned counsel for the petitioner, learned Government Pleader for Revenue and learned counsel for respondents 5 to 7.

(3.) Gift is one of the forms of transfer of immovable property, dealt with under the Transfer of Property Act, 1882. While in all other forms of transfer, such as, sale, mortgage, exchange, consideration flows from the transferee to the transferor, gift is a transaction which is not supported by any consideration. Section 123 of the Transfer of Property Act prescribes the procedure for execution of a valid gift. Once the gift is made in accordance with law and is accepted by the donee, it becomes irrevocable. In case the donor feels that the transaction is tainted with any factors such as fraud, coercion or misrepresentation, the only remedy available to him is to file a suit for cancellation of the document.