Will -- Suspicious circumstances - (a) Will unregistered (b) not scribed by a regular deed writer; (c) testator already gifted the property by way of consent decree; (d) scribe and attesting witnesses closely related to the beneficiary; (e) original will not produced - Will rightly held to be shrouded by suspicious circumstances by Courts below...........
Agreement to sell -- Suit for specific performance - Suit can be filed on the basis of unregistered documents and also upon an oral agreement - Lack of notorisation or registration does not disentitle plaintiff to the relief...........
Will -- Suspicious circumstances - Will executed in favour of grandson - Just three weeks earlier testator executed a registered will in favour of all of his five sons - Earlier Will was registered whereas impugned Will was unregistered - There was no occasion for testator to disinherit his sons - Propounder admitted that all five sons of testator were residing in..........
Eviction petition -- Plea of part performance - Unregistered agreement of sale - Plea of defendant that he is in occupation of the property in dispute in pursuance of the part of performance u/s 53- A of the Transfer of Property Act - Agreement leaves no room for doubt of any kind that the relationship of landlord and tenant between the parties continued and continues..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Unregistered document which otherwise requires registration - Held, unstamped or insufficiently stamped document cannot be admitted into evidence for any purpose including for collateral purpose...........
Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Admissibility - Held, if any person takes possession in pursuance to a contract which is required to be registered but has not been registered, the transferee has no right to remain in possession of..........
Specific Relief Act, 1963, Section 22, Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Suit for specific performance - Plaintiff is seeking possession of property by way of specific performance of agreement to sell - He is not seeking protection of..........
Will -- Unregistered - Held, it is not a suspicious circumstance in itself - Even registration of Will is no guarantee of its validity...........
Registration Act, 1908, Section 49 -- Proviso Admissibility of unregistered agreement to sell - No prohibition u/s 49 of the Act, to receive unregistered document in evidence as evidence of contract in suit for specific performance...........
Agreement to sell -- Suit for specific performance on the basis of unregistered agreement to sell under which possession was delivered, is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act - S.17(1-A) Registration Act does not make such an unregistered agreement completely null and void - Such..........
