Family settlement -- Document not containing signatures of all the members of joint family - Not a family settlement - Such a document has to be given the status of `partition deed' and its registration is necessary...........
Agreement to sell -- Suit for specific performance - Scribe - Neither knew the vendor, his son or as to who were the attesting witness - Scribe was an unlicensed deed write - Scribe is thus neither an attester nor an eye witness to the transaction...........
Agreement to sell -- Suit for specific performance - Mutually inconsistent pleas - Plea that sale deed was to be executed within a period of 4 months however in deposition it was stated that sale deed was to be executed only after expiry of term of lease - Agreement executed on non judicial stamp paper which was purchased 11 months prior to the date mentioned in the..........
Constitution of India, 1950, Article 226 -- Registration of sale deed - Stamp duty - Petitioner prayed that Sub Registrar be directed to register sale deed by charging stamp duty/registration fee on amount of Rs.20,00,000/- on which he had purchased flat and not on basis of Collector's rates circulated by Deputy Commissioner - Petitioner has not produced sale deed for..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Failure to execute sale deed - For that civil remedy is available - There was no dishonest intention from the very beginning to cheat the complainant or to commit an offence of criminal breach of trust - FIR quashed...........
Registration Act, 1908, Section 32(a), 32(b), 32(c) - - Assignment deed - Registration of - Assignment deed presented by principle through its representative on strength of notarized power of attorney - Refusal to register assignment deed - Validity - Held, such presentation is in terms of S.32(a) of the Act - Such attorney is also by representative of a person executing..........
Transfer of Property Act, 1882, Section 59 -- Redemption of mortgage - Oral mortgage for an amount of Rs.350/- - Mortgage other than mortgage by deposit of title deed for principal money of more than Rs.100/- can be effected only by registered instrument - Mortgage not valid - Suit for redemption of mortgage not maintainable...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Registered sale deed - Reflection in revenue record - Held, a sale deed, once registered, has to be reflected in revenue record - Where its legality is pending adjudication before a civil Court, a note shall be appended in `remarks' column of jamabandi, setting out particulars of civil suit and if stay order is in..........
Will -- Execution in favour of daughter-i, law who was estranged wife of her son - Will scribed by licensed document writer and attested by witnesses of family of testatrix and by stock witnesses - Testatrix after understanding contents of Will put her left thumb impression in presence of attesting witnesses who attested Will in her presence - Ingredients of S.68 Evidence..........
