Attestation -- It is Will, mortgage, gift and bond alone are required by law to be attested - Will u/s 68 of Succession Act, 1925, a mortgage deed u/s 59 and a gift deed u/s 123 of Transfer of Property Act, 1882 and a bond u/s 2(5) of Stamp Act, 1899 are required by law to be attested...........
Evidence Act, 1872, Section 68 -- Partition deed - Document of partition was duly registered in accordance with law in force and its execution was not specifically denied by any of signatory to document would sufficiently bring document outside the purview of S.68 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Deed of conveyance executed in favour of person shall not be cancelled without putting person on notice...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Cancellation - Defendant no.1 did not put plaintiff on notice before cancelling settlement deed in favour of plaintiff - Even, no reasons assigned by defendant no.1 for cancelling said settlement deed - Deed of cancellation is thus, not valid and it will not bind plaintiff in any manner...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Specific Relief Act, 1963, Section 31, Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale deed - Cancellation sought on ground of inclusion of share of minor - Property sold for benefit of minor - Separate cheques issued by purchaser as per demand of seller wherein specified amount is shown as per proportionate share in property - Suit not filed by natural..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Though statue makes it imperative to present an instrument for registration within four months from date of its execution, however, no time is fixed within which a deed presented and accepted for registration must be registered...........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Lease deed - Challan is paid within prescribed period of four months from date of execution of subject lease deed, which was accepted by Registering authority - However, due to COVID-19 Pandemic registration dates were rescheduled from time to time - Since challan was paid registration dates..........
