Mutation -- Mutation entries are for fiscal purposes and cannot be treated as document of title...........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction - In summary proceedings, it is pleadings of parties and document of title which is to be considered by authority...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Plea of family settlement - There is no adjudication by any Court of competent jurisdiction i.e Civil Court on the aspect that petitioners have any right in property in question - In summary proceedings, it is pleadings of parties and document of..........
Evidence Act, 1872, Section 76, 65 -- Certified copy of public document - To be provided on demand - It is to be provided with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title - Such copies so..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Commissioner - A site commissioner's report cannot be treated as a document establishing title of a litigant in the property...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for cancellation of a document or declaration of title - Plaintiff can succeed only on the strength of case set up by him and it is immaterial whether defendants have proved their case or not...........
Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
