Lawstreet Journal

"No Stipulation that Cancellation Deed Has to be Done at the Same Place Where Trust Deed was Registered": Kerala High Court [READ JUDGMENT]

Lawstreet Journal 6 Oct 2021 7:50pm

Image courtesy: Lawstreet Journal Judiciary "No Stipulation that Cancellation Deed Has to be Done at the Same Place Where Trust Deed was Registered": Kerala High Court [READ JUDGMENT]

The Kerala High Court ruled that there is no requirement that a trust deed cancellation be done in the same place where it was registered. 

Justice Murali Purushothaman made this ruling while hearing a petition to quash a cancellation deed on the sole basis that it was not registered in the same place as the trust deed.

An association of family members decided to form the 'Chethikkattil Family Welfare Charitable Trust.' As a result, a trust deed was created.

A few months later, the trust deed's executor presented for registration a cancellation deed to cancel the trust deed.

The petitioners claim that the trust deed was registered with the Sub Registrar Office in Anthikkad, but the cancellation deed was registered in Vadakkumkara, 15 kilometres away from Anthikkad, where the trust property is located and the trust deed was originally registered.

The petitioners argued that such a cancellation deed registered in a different location is not legally enforceable.

On this basis, they sought to vacate the contested cancellation deed and direct the Sub Registrar, Vadakkumkara, to cancel, strike off, and remove the deed from the register maintained by him.

The respondent, on the other hand, relied on Section 29(1) of the Registration Act, 1908, to argue that the executant was free to present such documents either at the Sub Registrar Office of the Sub District where the document was executed or at any other Sub Registrar Office in the State where the document was executed or at any other Sub… Continue Reading...


Tagged: kerala high court  
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