Registration Act, 1908, Section 17, 49 -- Unregistered document - There is no complete bar marking an unregistered document admissible in evidence but for limited purpose it can be received in evidence...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Not admissible in evidence to affect property in dispute but for collateral purposes the document may be admissible in evidence - Facts stated in gift deed admitting disputed property owned and belonging to executant would be a fact for which such document..........
Agreement to sell -- Unregistered - Requirement of law for registration of agreement is only when transferee seeks protection of S.53-A of Transfer of Property Act, by virtue of his continued possession in part performance of the agreement for sale - Suit for specific performance on the basis of unregistered agreement to sell is maintainable...........
Agreement to sell -- Specific performance - In part performance of agreement possession delivered - Agreement not registered - Held, such an unregistered agreement cannot be used to take benefit of S.53-A TPA - However, suit for specific performance on the basis of such unregistered agreement to sell is maintainable. (Transfer of Property Act, 1882, S.53-A, Registration..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that partnership firm has come into existence and does exist and plaintiffs and defendant Nos.1 to 3 are partners thereof - Prayer not a relief for enforcement of any contract - Held, plaint is maintainable and not hit by bar of S.69 of the Act...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration of the tile of the Partnership Firm in respect of the suit property and does not seek to enforce any right in any contract by way of the present suit - Declaration is only in respect of a right and title already acquired by the Partnership Firm - Held, relief claimed is not hit by..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that Joint Venture Agreement is null and void and not binding upon the plaintiff - Said agreement entered into by defendant No.1 in his purported capacity as the sole owner of the suit property - Partnership firm or any of the partners are not parties thereto - Relief claimed is based..........
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Unregistered agreement containing clause recording part performance of the contract by delivery of possession or executed with a person who is already in possession - Such a contract would only deprive the person in possession of any benefit conferred..........
Registration Act, 1908, Section 49 - - Unregistered sale deed - Suit for declaration - Unregistered sale deed cannot be received in evidence in a suit for declaration of title, to an immovable property, even for collateral purposes...........
Registration Act, 1908, Section 17(1A) -- Transfer of Property Act, 1882, S.53-A - Unregistered agreement - Enforceability of - Held, according to S.17(1A) of the Registration Act, if such agreement is not registered, then the prospective vendee cannot avail of the protection u/s 53-A of the Transfer of Property Act, 1882 - However, it cannot be said that such unregistered..........
