Dear Client,
Your case dose not comes under writ jurisdiction. Civil suit is only remedy and as per law registered document cannot be cancelled by registrar but only through court.
Unilateral cancellation of settlement deed
My mother gave her property to me with unconditional irrevocable registered settlement deed before 10 years,but recently she unilaterally cancelled the registered settlement deed,i filed a civil suit,which is pending for more than three years,recently i came to know writ petition is much more faster and effective for cancellation of settlement deed,so im thinking to withdraw the civil suit and to file a writ petition against registrar, so i need clarity regarding this.
Asked 7 years ago in Property Law
Religion: Muslim
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11 Answers
Sir when there is remedy of civil suit I would advise you to not to file a writ petition as there ay be chance writ might get rejected on ground that there was a remedy under statute so writ jurisdiction was not required to be invoked there has been cases like this. Instead file a writ to expedite the matter.
A settlement deed can not be cancelled by the settlor or any other person. It can be cancelled only on obtaining the order of the court. If your mother's proves that the settlement deed is made maliciously or by foul play then there is a chance of getting such a order from the court.
You have been misinformed about this remedy.
The writ petition against sub registrar may not fetch you a favorable decision.
If you withdraw the present case you may not find any relief or solution for this crisis in the near future.
Better discuss with your lawyer at length and take a wise decision.
Your mother cannot cancel settlement deed unilaterally
2) she needs court orders to set aside settlement deed
3) registrar has no powers to register said cancellation deed
4) do not withdraw suit filed by you as more than 3 years ha r passed since filing of suit
5) you must have got interim reliefs from court restraining mother from creating third party rights on said property
Hello,
Yes you can file a writ petition .
However go through this case D.Dhanasekaran vs V.Damodharan (Died) on 20 September, 2016 .
https://indiankanoon.org/doc/185715689/
Regards.
Yes, you can file writ petition against registrar.
Yes, a Writ petition seeking directions to the Registrar will be a better option.
Writ petition can't be filed for dispute between private parties
Dear Sir,
Your option is good and due to the negligence of registrar such cancellation deed happened, the High court may restore your settlement deed accordingly.
Dear Sir,
Your option is more wise to file writ petition seeking relief cancellation of settlement deed got executed with the help of Registrar. Hire an experienced advocate.
