Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Will -- Exclusion of daughter - Will is unregistered and only one attesting witness was examined who was related to testator and also participated in proceeding before revenue authorities for carrying out mutation in favour of defendant - Scribe of Will also not examined - Will discarded...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Mutation -- Un-registered Will - Mutation on the basis of unregistered Will by which registered Will has been cancelled cannot be allowed...........
Stamp Act, 1899, Section 33, 40, 47A -- Proceedings u/ss 33, 40, 47-A of the Act - Maintainable against an assessee even if no benefit has been derived from unregistered instrument of transfer...........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Surrender of share, of a consideration of Rs.1.50 lakhs, in immovable property by one of the joint owners by unregistered deed - Any interest in immovable property, upwards of the value of Rs.100/- including surrender of a share can only be effected through a registered instrument..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
