Transfer of Property Act, 1882, Section 58(f) -- Mortgage - Deposit of title deeds - Lease deed in favour of lessee with certain restrictions and conditions regarding transfer of such interest would not satisfy the requirement of title deed - As an unauthorized transfer cannot result in valid assumption of any right by transferee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Family settlement-cum-partition deed - Document required to be duly stamped but not stamped - Document is required to be impounded - It is only the original which can be impounded as impounding of photo copy is unknown to law - Copy of document when per se is inadmissible then same cannot be received in evidence -..........
Registration Act, 1908, Section 17 -- Release deed - Claim of title - Claim of defendant on the strength of unregistered release deed in his favour by mother of plaintiff who herself did not have any right in it, does not convey any right to defendant and held to be not a valid document...........
Release deed -- Release can be made in favour of a person who has a pre-existing right and interest in property - It would make no difference even where the release is without consideration as the release can only feed title and cannot transfer title...........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Release deed -- A document under which a Hindu coparcener purports to give up his right to family property in favour of remaining coparcener would not be a deed of conveyance but a deed of release - But where he executes the document in respect of his share in favour of a particular co-owner, it cannot be treated as a release and must come within the definition of..........
Release deed -- Document of release, merely, being without consideration would not qualify the instrument as an instrument of gift - As for gift there must be a donor and a donee...........
Stamp Act, 1899, Article 55 -- Schedule 1 - Release deed - Releasors together released share in favour of Karta and other co-parcener and not to a particular co-owner - Property was being held jointly and there was no partition of interest in property among co-owners - Document in question would be a release deed and not conveyance or a gift deed...........
