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 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Registration Act, 1908, Section 17, 49 -- Mortgage - Unregistered - Mortgage deed is inadmissible in evidence - However, plaintiff has right to recover loan amount of Rs.2 lakhs, on the basis of execution of receipt thereof which stands established alongwith interest at the rate of 12% per annum and future interest at the rate of 6% per annum...........
Registration Act, 1908, Section 17 -- Registration - Letter of confirmation deed confirming equitable mortgage - It is a letter of recording of concluded contract, evidencing past transaction, which does not require registration - Letter of confirmation deed and document of deposit of title deeds does not require registration...........
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17 -- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
Registration Act, 1908, Section 17(2)(xi) -- Unregistered receipt for payment of mortgage money - It is exempt from registration when it does not purport to extinguish the mortgage - However, if receipt recites that possession of property has been given back, receipt cannot be admitted in evidence to prove redemption, if it is unregistered as it is not mere receipt, but a..........
Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d) -- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15..........
Transfer of Property Act, 1882, Section 58, 59 -- Mortgage by deposit of title deeds - Memorandum prepared after deposit of title deeds without incorporating terms and conditions with regard to the deposit of title deeds is merely evidential and does not require registration - However, memorandum reducing other terms and conditions with regard to the deposit requires..........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - The memorandum merely recorded a past event of fact of deposit and did not itself create the mortgage - Held, the document did not therefore create the mortgage and hence did not require registration...........
Limitation Act, 1963, Article 61(b) -- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor - Mortgagor specifically pleaded and proved that he came to know of sale just twenty days prior to filing of suit - Held, date of registration of..........
