Will -- Non registration - Held, mere non registration of Will is not a ground to ignore it or to hold that it was not properly executed...........
Will -- Registered - Merely because a Will is registered its genuineness cannot be presumed - Registration of a Will does not change the onus of proof from its propounder to the challenger...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Proviso - Unstamped and unregistered document conveying title to immovable property - Cannot be received in evidence - However, on payment of stamp duty and penalty the same may be admitted in evidence for collateral purpose of proving only payment of sale consideration and not possession and enjoyment of..........
Partnership Act, 1932, Section 69, Arbitration Act, 1940, Section 20 -- An un-registered partnership firm cannot maintain petition u/s 20 of Arbitration Act and registration of firm subsequent to filing of petition cannot have the effect of validating petition...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 17, 49 -- Document whether agreement to sell or sale deed - Recitals of document to be taken into consideration and not title of the document - Contents of document showing that it is a sale deed and not agreement to sell - Held, document is inadmissible in evidence for want of required stamp duty and..........
Registration Act, 1908, Section 60 -- Registered document - Registration certificate is a relevant piece of evidence for proving the execution of the document - A registered document coming from proper custody is admissible in evidence...........
Compromise decree -- Immovable property subject matter of suit - Held, compromise decree does not require registration. (Civil Procedure Code, 1908, O.23, R.3 & Registration Act, 1908, S.17)...........
Motor Vehicles Act, 1939, Section 24(2), 110A -- Transfer of ownership - Transfer of registration certificate subsequent to the date of accident but the sale transaction and delivery of possession of the vehicle were prior to the accident - Liability for the payment of compensation is on the transferee...........
Will -- Proof - Mere registration is not proof of due execution of Will - Propounder of the will is required to prove that will was signed by the testator and he at that time was in a sound and disposing mind and he understood the nature and effect of the disposition - Propounder is further to prove that testator put signature of his own free will - In the instant case no..........
Indian Partnership Act, 1932, Section 69 -- Partnership firm not registered on the date of suit - Suit is not maintainable - Subsequent registration does not cure the defect...........
