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...........
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 17(1)(b) -- Change of status from mortgagee to that of a lessee - Deed of mortgage registered - Change of relationship from mortgagee to that of a lessee can only be by way of a registered document - Mortgagee cannot become lessee by unregistered lease deed...........
Registration Act, 1908, Section 49 -- Unregistered mortgage deed - Admissible in evidence for the determining the possession of mortgagee. AIR 2004 SC 3856 relied...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Admissibility - Unstamped and unregistered mortgage deed - Trial Court to decide objection as to its admissibility before proceeding further...........
Transfer of Property Act, 1882, Section 59, Registration Act, 1908, Section 17 -- Mortgage of immovable property for more than Rs.100/- - Unregistered - Mortgage deed is invalid and not admissible in evidence - Suit for redemption of mortgage - Not maintainable...........
Registration Act, 1908, Section 17, 49 -- Simple mortgage - Unregistered mortgage deed - Invalid as a mortgage but can be used to prove debt...........
Will -- Unregistered - Assumes importance in the context of the fact, that about four days before the execution of the Will, testator executed a registered mortgage of his land in favour of his brother - Having given possession of his land to his brother only by registered mortgage deed, it does indeed appear unnatural that he would execute a Will and leave it..........
