Registration Act, 1908, Section 17, Stamp Act, 1899, Section 2(10) -- Conveyance deed - Unregistered and unstamped document - Payment of part of consideration amount and handing over of possession of property is nothing but a conveyance and therefore, is governed under Registration Act as well as Stamp Act...........
Family Settlement -- Unregistered - Xerox copy of unregistered family arrangement deed does not require stamp duty - Stamp duty can be collected only on original unregistered family arrangement...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped document - Determination of appropriate stamp duty - Does not meet the requirement of registration - Even if stamp duty is paid after impounding, document is still inadmissible if it requires registration but is unregistered...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Suit for permanent injunction on basis of unregistered Will - Onus for proving Will was upon plaintiff as per Ss.101, 102 of the Act...........
Will -- Testator not an illiterate person - Testator earlier executed a registered Will - Subsequently executed unregistered Will without disclosing of earlier will - Does not hold ground...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - If an unregistered document contains two transactions, one of which is required to be effected by means of registered instrument and another transaction which is not required to be effected by any registered instrument, then said unregistered instrument can be received as evidence of that..........
Possession -- Proof - Unregistered document which requires compulsory registration will have no precedence over the revenue documents, which otherwise have got its evidentiary value in view of provisions contained u/s 57 of Uttar Pradesh Land Revenue Act, 1901...........
Will -- Subsequent Will unregistered - Merely because subsequent Will is unregistered is not a ground in itself to discard the same - It can be given precedence over a registered will propounded earlier in time provided it is not surrounded with suspicious circumstances...........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........