Registration Act, 1908, Section 49 -- Unregistered document - Suit for permanent injunction - Plaintiffs cannot claim title under said document - However, it could be accepted in evidence and considered for collateral purposes to know the nature of possession claimed by plaintiffs...........
Will -- Execution - Unregistered Will of 1957 saw first time in 1980, although testator had died long before - Will did not contain thumb impression/signature of two attesting witnesses - Petitioner even did not examine any attesting witnesses of Will - Neither Will was executed according to provision of S.63 of Succession Act nor it was proved according to provisions of..........
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...........
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..........
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..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Unregistered document required by law to be compulsory registered cannot be marked in evidence - Even if marked in evidence by mistake, same cannot be acted upon...........
Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Instrument not duly stamped is inadmissible in evidence - S.35 of Stamp Act is distinct and different from S.49 of Registration Act in regard to unregistered document - S.35 of Stamp Act does not contain a proviso as appended to S.49 for Registration Act enabling instrument to be used to establish..........
Registration Act, 1908, Section 17(1)(d), 49 -- Lease for more than one year - Requires compulsory registration - Said unregistered document can be read only for collateral purposes - So far as its validity is concerned, it can never be accepted as a valid document - If document is not valid then it is not admissible in evidence to establish the covenants/terms and..........
