Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for pre-emption - Where plaintiff who acquires title from a preemptor by virtue of a registered document being transferee, is not prevented from filing a suit for vindication of grievance, instead of invoking provisions of S.47 CPC...........
Hindu Law -- Disinheritance of son from estate of father - Has to be by way of registered document and mere advertisement/publication in the newspaper cannot be legitimately accepted to be an act of legal inheritance...........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale with an option to re-purchase or mortgage with a conditional sale - Purchaser of property executed document of re-conveyance establishes the fact that mother of plaintiff mortgaged suit property against mortgage money - On payment of mortgage money, mother of plaintiff redeemed mortgage - Though document in question..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........
Registration Act, 1908, Section 17 -- Family partition - Registration of deed - Compulsory registration - Document in question is not a deed for affecting any partition in praesenti, but it is a document recording previous partition therefore, it need not be registered...........
Registration Act, 1908, Section 17, Registration of Births and Deaths Act, 1969 - - Immovable property having value of more than Rs.100/- - Cannot be transferred without there being registered document - Any document or instrument, which purports or intends to create title should be registered and in case, same is not registered, it would not affect any immovable property..........
Will -- Suspicious circumstance - Non-production of register of scribe not relevant, particularly when Will is a registered document and when scribe when asked about register, he had stated that it was never summoned from him...........
Registration Act, 1908, Section 17 -- Power of attorney - Registration - Parties cannot be permitted to register General Power of Attorney as a camouflage for sale of immovable property - Thus it is important to ascertain whether document sought to be registered purports to create any interest in the property in favour of the person appointed as a constituted attorney...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Sale deed which is a registered document has to be proved by other evidence...........
