Unilateral Cancellation of Gift Deed Liable to Be Declared as Null and Void: Madras High Court"

07 May 2024 8:19 AM

By: Admin

Madurai, Oct 20, 2023 - The Madurai Bench of the Madras High Court today declared that unilateral cancellations of gift deeds are "liable to be declared as null and void," setting a legal precedent that could have far-reaching implications.

In a common order presided over by the Honorable Mr. Justice B.Pugazhendi, the court addressed multiple writ petitions pertaining to the controversial cancellation of a gift deed concerning lands belonging to M/s. Shar Theme Park, a private company. These lands, situated in Kambarasampettai Village in Trichy District, were initially gifted to the Kambarasampettai Panchayat for the purpose of open space reservations, parks, and roads.

Justice Pugazhendi stated, "This unilateral deed of cancellation is liable to be declared as null and void." He further relied on the ratio laid down by the Full Bench of this Court in Sasikala v. Revenue Divisional Officer, emphasizing that the revocation should be with the assent of the donee and cannot be at the mere will of the donor.

The court also addressed other writ petitions including WP(MD)No.7814 of 2016 and WP(MD)No.4936 of 2017, which were both dismissed as withdrawn.

Legal experts say this judgment is significant as it upholds the integrity and sanctity of gift deeds, ensuring that they cannot be unilaterally revoked without due legal process.

Mr. J.John, representing the petitioner, hailed the court's judgment as a "significant step forward in safeguarding the legal sanctity of gift deeds."

The judgment is expected to have wider implications on property law, ensuring that once gifted, a property can't be whimsically taken back without legal justification. It serves as a warning to those who might attempt to abuse the legal instruments like gift deeds for fraudulent purposes.

Date of Decision: 20.10.2023

NVS.Anandan vs The Tahsildar, Srirangam Taluk, Tiruchirappalli.