Registration Act, 1908, Section 17, 49 -- Unregistered and insufficiently stamped document which is compulsory registrable - Document validated by payment of deficit stamp duty and penalty - Defect of document being insufficiently stamped is cured but defect of document being unregistered is not cured - Such document cannot have any affect on immoveable property comprised..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Unregistered - However, same an admitted document - It is admissible in nature for proving the status in which defendant is occupying the suit property...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 2(10) -- Conveyance deed - Unregistered and unstamped document - Payment of part of consideration amount and handing over of possession of property is nothing but a conveyance and therefore, is governed under Registration Act as well as Stamp Act...........
Family Settlement -- Unregistered - Xerox copy of unregistered family arrangement deed does not require stamp duty - Stamp duty can be collected only on original unregistered family arrangement...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped document - Determination of appropriate stamp duty - Does not meet the requirement of registration - Even if stamp duty is paid after impounding, document is still inadmissible if it requires registration but is unregistered...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Suit for permanent injunction on basis of unregistered Will - Onus for proving Will was upon plaintiff as per Ss.101, 102 of the Act...........
Will -- Testator not an illiterate person - Testator earlier executed a registered Will - Subsequently executed unregistered Will without disclosing of earlier will - Does not hold ground...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - If an unregistered document contains two transactions, one of which is required to be effected by means of registered instrument and another transaction which is not required to be effected by any registered instrument, then said unregistered instrument can be received as evidence of that..........
Possession -- Proof - Unregistered document which requires compulsory registration will have no precedence over the revenue documents, which otherwise have got its evidentiary value in view of provisions contained u/s 57 of Uttar Pradesh Land Revenue Act, 1901...........
Will -- Subsequent Will unregistered - Merely because subsequent Will is unregistered is not a ground in itself to discard the same - It can be given precedence over a registered will propounded earlier in time provided it is not surrounded with suspicious circumstances...........
