Hindu Succession Act, 1956, Section 15(2)(b) -- Issueless widow inheriting property from husband - Unregistered compromise decree in favour of sister's son is illegal - Property reverts back to husband's heirs...........
Hindu Succession Act, 1956, Section 16 -- Property inherited from husband or father-i, law - Unregistered compromise decree in favour of sister's son of widow - Sisters son is not family member - He has no remote chance of succession...........
Registration Act, 1908, Section 17(aa), 49 -- Unregistered agreement to sell - Can be used as an evidence of collateral purpose as per S.49 Proviso of the Act and admitted in evidence of contract in a suit for specific performance...........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Partnership Act, 1932, Section 69(2), Negotiable Instruments Act, 1881, Section 30, 37 -- Suit for recovery of money, by unregistered partnership firm, on the basis of dishonoured cheques - Suit not barred u/s 69(2) Partnership Act as liability is sought to be enforced created under the Negotiable Instruments Act and not on the original cause of action...........
Registration Act, 1908, Section 17 -- Family settlement - Compulsory registration - When a document is compulsorily registrable, but same is unregistered, then same will be inadmissible in evidence and will not convey any right, title or interest in the suit property in favour of the plaintiff...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d) -- Lease - Unregistered - Lease of immovable property from year to year or for any term exceeding one year can be made only by registered instrument...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17(1)(d) -- Lease - Unregistered - Unregistered lease deed cannot be taken into consideration with respect to terms and conditions of lease - It can only be used for collateral purposes - Terms and conditions of lease are main purpose of contract of lease - Unregistered document which cannot be..........
Transfer of Property Act, 1882, Section 107 -- Lease - Unregistered - Is inadmissible in evidence except for collateral purposes being unregistered, same principle of law will apply to letter and will not be admissible in evidence to show extension of period of tenancy, which cannot be stated to be collateral purpose by any stretch of imagination...........
Arbitration and Conciliation Act, 1996, Section 8 -- U, registered partnership firm - Arbitration clause in Retirement deed and Partnership deed - Dispute concerning unregistered partnership deed can be referred to arbitration as there is no statutory restriction...........
