Mutation -- Un-registered Will - Mutation on the basis of unregistered Will by which registered Will has been cancelled cannot be allowed...........
Stamp Act, 1899, Section 33, 40, 47A -- Proceedings u/ss 33, 40, 47-A of the Act - Maintainable against an assessee even if no benefit has been derived from unregistered instrument of transfer...........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Surrender of share, of a consideration of Rs.1.50 lakhs, in immovable property by one of the joint owners by unregistered deed - Any interest in immovable property, upwards of the value of Rs.100/- including surrender of a share can only be effected through a registered instrument..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
