Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance...........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Photocopy of unregistered agreement to sell is filed along with plaint - Document sought to be brought on record is intended only to be used as a proof of oral agreement of sale and it is permitted u/s 49 of the Act...........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Will -- Unregistered Will - Suspicious circumstance - Both scribe as well as attesting witnesses admitted in their cross-examination that contents of Will had not been read over and explained to testator - Unregistered Will thus, not executed by testator knowingly and willingly - Will is surrounded by suspicious circumstance...........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Partnership Act, 1932, Section 69(1) -- Un-registered partnership firm - Recovery suit filed by one partner of unregistered partnership Firm against other partner is not maintainable, as rigours of S.69(1) of the Act would apply on such suit...........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Unregistered - Lease for a term exceeding one year can be made only by a registered instrument - Agreement in question being unregistered lease deed cannot be looked into as per S.107 of the Act and cannot be said that perpetual lease was created by that document. ( Para 6)..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
