Registration Act, 1908, Section 34, 35, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Once sale deed is registered, Registrar has no authority to cancel the registration of sale deed - Moreover, as per S.31 of Specific Relief Act, it is only the Court which has power to cancel an instrument - Unless and until there is provision in Registration Act or..........
Registration Act, 1908, Section 17 -- Registration - Agreement acknowledging a mistake in oral exchange is not required to be compulsorily registered, as such document cannot be considered as a document of title transferring immovable property for more than Rs.100/-...........
Registration Act, 1908, Section 17 -- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........
Registration Act, 1908, Section 17, 49 -- U, registered document - Admissibility - Partition suit - An unregistered document can be relied upon in partition suit for collateral purpose i.e severancy of title, nature of possession of various shares but not for primary purpose i.e division of joint properties by metes and bounds...........
Transfer of Property Act, 1882, Section 123 -- Gift - Self acquired property - Gift deed executed by one of coparcener of his self acquired property to his brother i.e other co-parcenar/donee is a valid document - Merely because consent of minor son of donee was not taken, would not render gift deed invalid, as minor co-parcenar was under guardianship of her father/donee -..........
Registration Act, 1908, Section 17, 49 -- U, registered exchange deed - Effect - Exchange deed being an unregistered document having value more than Rs.100 of suit land not admissible in evidence, as it is compulsorily registrable document...........
Evidence Act, 1872, Section 72, Registration Act, 1908, Section 17 -- Memorandum of adoption - Not required to be attested by attesting/marginal witnesses - Examination of attesting witnesses thus, cannot be considered mandatory even though memorandum of adoption is attested by marginal witnesses, particularly when one of executants and scribe has been examined and..........
Transfer of Property Act, 1882, Section 122, 123, Registration Act, 1908, Section 17 -- Gift deed - Gift of immoveable property must be affected by a registered instrument - Merely on execution of an unregistered document titled gift, a gift of immovable property cannot be said to be complete...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit and commencement of evidence..........
Will -- Registered - A registered Will is a solemn document - Courts are required to make an attempt to give effect to the wish of testator, who is no more in the world - A registered document has presumption of genuineness - Courts are not justified in ignoring the registered Will - a testamentary document unless there are strong suspicious circumstances which create..........
