AIR 2014 KARNATAKA 58 ::2013 (4) AIR Kant HCR 759 ::2013 (4) AKR 759 ::(2014) 1 ICC 921 ::(2014) 1 Kant LJ 273

Karnataka High Court

Hon'ble Judge(s): N. Kumar, B. Sreenivase Gowda , JJ

(A) Transfer of Property Act (4 of 1882) , S.9— Settlement deed - Cancellation - Registered Settlement deed cannot be cancelled by executing cancellation deed - Further settlor cannot unilaterally execute cancellation deed of settlement. Once, the settlement deed was executed by mother in favour of her daughter, Mother lost her right, title and interest in the schedule property. Subsequently on the day the mother executed cancellation deed, she had no right in the property. The registered settlement deed cannot be cancelled by executing a cancellation deed. If at all the said document is to be cancelled, it had to be done under the provisions of Specific Relief Act, by approaching a competent civil Court for cancellation of such document. The fact of fraud, undue influence, mistake or any other ground which is alleged for cancellation of the said documents being proved, the Court may order for cancellation. That is the only mode known to law to cancel the registered settlement deed. Otherwise the parties by consent has to annul the settlement by executing the document of reconveyance, the settlee can give up her right in favour of the settlor. Admittedly, no suit was filed against cancellation. Therefore, by execution of cancellation deed, the registered settlement deed did not stand cancel. Unilaterally the settlor cannot execute a cancellation deed of sett....