Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce document - Defendant has already laid foundation about existence of document in question in written statement - Occasion for defendant to file an application for summoning the document had arisen only when his turn of evidence came to be recorded - It cannot be said that defendant had slept over in not..........
Registration Act, 1908, Section 17 -- Un-registered usufructuary mortgage deed - When an usufructuary mortgage is entered into, where the amount involved is more than Rs.100, then as per S.17 of the Act registration of said document is compulsory - Even though such unregistered document has been received in evidence and marked, plaintiff is entitled to rely on said..........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance...........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
