Registration Act, 1908, Section 49 - - U, registered release deed - Admissibility - Collateral purpose - Defendants intended to mark the document to prove their possession which is for collateral purpose - However, it is nowhere mentioned in release deed that possession of properties are with defendants - Defendants not even sought relief of adverse possession - They only..........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(f), 17(2)(vi) -- (as amended in State of A.P) - Marking of document - U, registered and unstamped award of Lok Adalat is not admissible in evidence despite containing recitals about relinquishment of rights over an immovable property...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49 -- Lease - Registration - Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument - Perusal of terms and conditions of rent agreement between parties leave no manner of doubt that lease between..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, 23 -- Eviction of son - Property in question was purchased in the name of father through registered sale deed - Though father claimed that he was absolute owner of house in question, however, no document was produced in support of his case except the copy of sale deed - Further, father stated that..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2) -- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Consideration - Once in a registered document, executant admits receipt of consideration which has been duly acknowledged before Sub-Registrar, there is presumption that sale deed is for valid sale consideration...........
Transfer of Property Act, 1882, Section 54, 8 -- Registered sale deed - Mutation - Not necessary to vest title in the purchaser - Title passes in favour of purchaser on execution of sale deed - Mutation neither confers any title nor is a document of title...........
Registered transfer deed -- Error/mistake in annexure - An inadvertent error or mistake in the annexure having no substantive effect on the main document cannot result in invalidating the registered document - An error/mistake in the annexure can result in invalidating a registered document when such annexure or attachment is foundation of registered deed and error/mistake..........
Evidence Act, 1872, Section 68 -- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and hence, there is no necessity for summoning or..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
