Whether court can draw adverse inference if a literate person puts thumb impression instead of signature?

 On the issue of testator’s thumb impression on the cancellation

deed, it is telling that all the four deeds executed by Rajendra Singh in his lifetime, contained his thumb impression and not his

signature. Therefore, adverse presumption on genuineness of the

cancellation deed cannot be drawn merely because the testator

chose to append his thumb impression. That apart, the Ext. B

Report of the handwriting expert (OW3) clearly indicates that the thumb impression on all the documents placed before the Expert’s opinion are of the same person i.e. of Rajendra Singh. Since the said Ext. B was marked in Court, without objection from the applicant, the genuineness of the same cannot be allowed to be questioned before the appellate Court. A contrary inference according to our opinion, was erroneously drawn by the High court by referring to the health condition of the testator, when the revocation deed was registered. {Para 17}

18. The key characteristic of thumb impression is that every person has a unique thumb impression. Forgery of thumb impressions is nearly impossible. Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction. Therefore, genuineness of the Cancellation deed cannot be doubted only due to the fact that same was not signed and Rajendra as a literate person, affixed his thumb impression. This is more so in this case since the testator’s thumb impression was proved to be genuine by the expert.

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5823 OF 2011

Lachhmi Narain Singh (D) Through LRs Vs  Sarjug Singh (Dead) Through LRs. 

Author: Hrishikesh Roy, J.

Dated: AUGUST 17, 2021

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Whether sale deed can be unilaterally cancelled by vendor by executing cancellation deed?

 The legal decision in this regard has also been reiterated in various other judgments as in Hamsa P.A. v. District Registrar General, Kozhikode (2011 (3) KHC 6). It has been held in paragraph 14 thereof, that the vendee cannot be divested of his title by the unilateral act of cancellation of the sale deed by the vendor. Even on cancellation of the sale deed, the vendor would not get title to the property and only the vendee can confer title to the vendor. It has also been held by the Division Bench of this Court in the common final order dated 14.3.2018 in IA. No. 227/2018 in Mat. Appeal. No. 778/2012 & IA. No. 2336/2015 in Mat. Appeal. No. 16/2013 that such unilateral cancellation of deeds is ultra vires in provisions of the Registration Act and Rules framed thereunder and is null and void etc.

7. In the instant case it is also relevant of bear in mind that Annexure 1 settlement deed was executed by Kunjamma in favour of James on 28.6.2002. The said James died on 3.10.2003. It is after the death of James that his mother Kunjamma has executed and got registered Annexures 2 & 3 cancellation deeds on 5.8.2005 & 7.2.2011. Therefore when the abovesaid Kunjamma had executed cancellation deeds Annexures 2 & 3, James was no longer alive and there was no question of any bilateral execution and registration of cancellation deeds with his consent etc. Annexures 2 & 3 cancellation deeds have not been executed with the consent of the petitioner and her daughter, who are the LRs of late James. Therefore it is only to be held that Annexures 2 & 3 are null and void and ultravires and at any rate it cannot bind James or his legal heirs like petitioner and her daughter Juliet James etc. There is no question of divestment of the title of James conferred on him as per Annexure-1 merely on account of Annexures 2 & 3 and therefore the same has no legal effect on the rights of the parties based on Annexure 1 settlement deed. of course if such bilateral cancellation of the deed is not possible due to difference of opinion between the parties, then certainly the remedy of the aggrieved person is to institute a civil suit before the competent court with civil jurisdiction seeking cancellation of the deed, in the manner known to law.

8. Accordingly it is ordered that the stand taken by the respondents in Ext.P-3 that the settlement deed proposed to be exeucted and registered by the petitioner in favour of her daughter in respect of the properties covered by Annexure 1 settlement deed, cannot be registered in view of the cancellation deeds as per Annexures 2 & 3 are illegal and ultra vires.

In the High Court of Kerala at Ernakulam

(Before Alexander Thomas, J.)

Lali Yohannan  v. State of Kerala, 

W.P. (C) No. 37908 of 2018

Decided on November 29, 2018

Citation: 2018 SCC OnLine Ker 8056

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Whether certified copy of cancellation deed of will is public document?

Faced with this situation, it was urged on behalf of the original plaintiffs that the deed of cancellation being duly registered, said document was a public document as contemplated by Section 74 of the said Act and hence it could be proved as a public document. This submission cannot be accepted. The deed of cancellation is a document executed between two private parties. As held in Purushottam v. A.N. Jog MANU/MH/0879/2004 : 2005(1) Mh.L.J. 426, merely because a private document is registered with the competent authority, such private document by itself cannot be treated to be a public document and it would continue to be a private document executed by private parties. Thus, mere registration of the deed of cancellation executed by a private party cannot by itself result in such document getting the character of a public document under Section 74 of the said Act. The deed of 

cancellation cannot be treated as a public document under Section 74 of the said Act.

13. It is well settled that mere exhibition of a document does not amount to proof of its contents nor does it amount to a party admitting the contents of such document. The party relying upon such document has to independently prove its contents. This position is clear from the decisions in Ramji Dayawala and sons and M/s. Sanjay Cotton Company (supra).

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal No. 62 of 2004

Decided On: 28.09.2017

 Vitthalrao  Vs. Domaji Pandurang Kokate and Ors.

Hon'ble Judges/Coram:

A.S. Chandurkar, J.

Citation: 2018(2) MHLJ 52

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Whether registered gift deed can be cancelled by execution of cancellation deed?

 It is the settled position of law that legal effect of registered deed of gift cannot be nullified as also its legal value cannot be reduced to zero merely by executing a deed of cancellation of said deed of gift unilaterally.

 In the High Court of Orissa at Cuttack

(Before D. Dash, J.)

Duryodhan Mahanta & another 

v.

Bhanjakia Girls High School & others 

R.S.A. No. 436 of 2007

Decided on October 6, 2016

Citation:AIR 2017(NOC) 440 Orissa

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Procedure to be followed for annulment of deed

Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non-est, or illegal or that it is not binding on him.

Supreme Court of India

Suhrid Singh @ Sardool Singh vs Randhir Singh & Ors. on 29 March, 2010

Bench: R.V. Raveendran, R.M. Lodha

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Whether absolute sale can be cancelled by execution of Cancellation deed?

After giving our anxious consideration on the questions raised in the instant case, we come to the following conclusion: -
(i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect. Such a document does not create any encumbrance in the property already transferred. Hence such a deed of cancellation cannot be accepted for registration. (ii) Once title to the property is vested in the transferee by the sale of the property, it cannot be divested unto the transferor by execution and registration of a deed of cancellation even with the consent of the parties. The proper course would be to re-convey the property by a deed of conveyance by the transferee in favour of the transferor. (iii) Where a transfer is effected by way of sale with the condition that title will pass on payment of consideration, and such intention is clear from the recital in the deed, then such instrument or sale can be cancelled by a deed of cancellation with the consent of both the parties on the ground of non-payment of consideration. The reason is that in such a sale deed, admittedly, the title remained with the transferor. (iv) In other cases, a complete and absolute sale can be cancelled at the instance of the transferor only by taking recourse to the Civil Court by obtaining a decree of cancellation of sale deed on the ground inter alia of fraud or any other valid reasons.
Sale made absolute by transfer of property from vendor to purchaser. Such transfer cannot annulled by executing deed of cancellation. Cancellation of Sale deed can be ordered only under section 31 of specific relief act. Or purchaser can reconvey said property to vendor by paying stamp duty of sale deed.

Madras High Court

M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal on 11 February, 2011
W.A. Nos. 592 and 938 of 2009

Citation;AIR 2011 Mad 66 (F.B.)

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