Will -- Proof of - Unregistered Will disclosed after 14 years of death of testator - No satisfactory explanation given by petitioner for the same - Suit property already in possession of another daughter of testator on the basis of registered sale deed - Moreover, due execution of said sale deed has been admitted by testator - Concurrent findings of Courts below cannot be..........
Stamp Act, 1899, Section 33 -- Impounding of Insufficiently stamped and unregistered mortgage deed - Since mortgage deed is not duly stamped and registered, it is inadmissible in evidence and liable to be impounded - Relevancy of document to be admissible in evidence need not to be looked into at this stage - Court is only required to impound the document and collect the..........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Admissible in evidence only for collateral purposes - It cannot be used for showing that it created, declared, assigned or extinguished a right in immovable property...........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Suit for injunction and specific performance cannot be decreed as no title passes in favour of vendee in absence of registration of sale deed/agreement to sale...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Two unregistered sale deeds executed under impression that it is collateral security against advancement of loan - Vendor neither admitted delivery of suit property to vendees nor admitted execution of sale deed in the mode and manner as averred by vendees - No title passes in favour of vendee in absence..........
Agreement to sell -- Specific performance - Unregistered agreement to sell - When an unregistered agreement to sell is tendered in evidence, not as evidence of complete sale but as proof of agreement of sale, deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale - Relief of specific performance granted on..........
Transfer of Property Act, 1882, Section 106 -- Unregistered leasehold document - Evidentiary value - Even though terms could not be culled out from the said document as it is an unregistered document, however, nature of possession of person concerned can be discerned from such document...........
Registration Act, 1908, Section 17, 49 - - Arbitration agreement - Registration - An arbitration agreement does not require registration - An arbitration agreement in an unregistered but compulsorily registerable document can be acted upon and enforced for the purpose of dispute resolution by arbitration...........
Agreement to sell -- Specific performance - Suit based on unregistered sale agreement - Defendant disputed the execution of agreement for sale - Burden lies on plaintiff to prove it by sufficient evidence, which he failed to prove - Defence of defendant that plaintiff helped her financially in civil litigations regarding same property and at that time plaintiff had taken..........
Registration Act, 1908, Section 17 -- Registered document - Cannot be cancelled by way of an unregistered document...........
