Unilateral cancellation of the Settlement deed is declared as void ab-initio.docx[29/08, 10:22] sekarreporter1: Adv_A.C.MANIBHARATHI_ For petitioner, Registered Unilateral cancellation of the Settlement deed is declared as void ab-initio and the same is set aside.The registration of the document would not fall within theambit of Sections 22-A or 22-B of the Registration Act and 77-A of the saidAct, the fact remains that the very unilateral cancellation itself is prohibitedunder law, in fact, a circular dated 05.10.2007 issued by the RegistrationDepartment was already in vogue. The said circular was issued to all by theDeputy Inspector Generals of Registra

[29/08, 10:20] sekarreporter1: [29/08, 10:20] sekarreporter1: https://x.com/sekarreporter1/status/1829017767854444570?t=JCtFYFh2oi4qHJ8c5VK5ZA&s=08
[29/08, 10:20] sekarreporter1: Unilateral cancellation of the Settlement deed is declared as void ab-initio.docx
[29/08, 10:22] sekarreporter1: Adv_A.C.MANIBHARATHI_ For petitioner, Registered Unilateral cancellation of the Settlement deed is declared as void ab-initio and the same is set aside.
The registration of the document would not fall within theambit of Sections 22-A or 22-B of the Registration Act and 77-A of the saidAct, the fact remains that the very unilateral cancellation itself is prohibitedunder law, in fact, a circular dated 05.10.2007 issued by the RegistrationDepartment was already in vogue. The said circular was issued to all by theDeputy Inspector Generals of Registration, District Registrars and Sub Registrar directing them that the deed of cancellation should bear the signature of both the vendor and purchaser. Though that relate to the sale deed, the settlement is also the transfer of the property, in presenti like a sale deed.When the circular in this regard require both parties signature, the Sub-Registrar at the time of entertaining the document for unilateral cancellationought to have rejected the said document. The same is not done in this case. Asrightly pointed out by the learned Additional Government Pleader, the Full Bench has repeatedly held that the unilateral cancellation is void ab initio.

  1. Such view of the matter, when the registration of the document itself
    is held to be void, allowing such document in entry namely the encumbrance
    will create further confusion in respect of the title of the petitioner. Such view
    of the matter, this Court is of the view that the unilateral cancellation of the
    settlement deed dated 23.04.2012 is void ab initio and the same is set aside.
  2. Accordingly, the second respondent is directed to remove the connected entries in the encumbrance indicating that the cancellation deed registered on the file is void ab-initio.
    10.

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