Constitution of India, 1950, Article 226 -- Sanction of mutation - Denial of - Challenge - Order denying sanction of mutation on ground that unregistered exchange deed cannot be given effect in the revenue record - Denial of sanction, proper...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
Transfer of Property Act, 1882, Section 108 -- Unregistered lease deed for more than one year - Provision of TP Act are still attracted to supply the implied covenants of lease and they could be only substituted by specific terms in the lease deed to the contrary - A terms in a lease deed which is required to be registered could be used to displace an implied covenant of..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
Registration Act, 1908, Section 49 -- Unregistered sale deed tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the proviso to S.49 of the Act...........
Registration Act, 1908, Section 49(c) -- Proviso - Unregistered document which is required by law to be registered - Inadmissible in evidence - Such a document can be used for a collateral purpose - However, the same cannot be used to set up title as title is not a collateral purpose falling under proviso to Section 49(c) of the Act...........
Will -- Suspicious circumstances - Following circumstances can be treated as suspicious circumstances, viz. (a) The signature of the testator may be very shaky and doubtful or not appears to be his usual signature; (b) The condition of the testator's mind may be very feeble and debilitated; (c) The dispositions made in the Will may be unnatural, improbable or unfair in the..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of the original - Attested and true copy of the original can be allowed to be produced by way of secondary evidence especially when the original document is in possession or power of the person against whom the same is sought to be proved - This evidence should be allowed to be adduced subject to just..........
Will -- Suspicious circumstances - A Will is surrounded by suspicious circumstances when (a) the signature of the testator is very shaky and doubtful or not appear to be his usual signature; (b) the condition of the testator's mind was very feeble and debilitated; (c) the dispositions made in the Will are unnatural, improbable or unfair in the light of relevant..........
Agreement to sell -- Suit for specific performance - Possession delivered in part performance - Agreement executed after commencement of Registration and Other Related Laws (Amendment) Act, 2001 - Agreement requires compulsory registration - Unregistered agreement - Does not confer any right or tile upon the plaintiff as the same cannot be received in evidence - Vendee not..........
