Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Registration Act, 1908

Thursday, August 18, 2011
Registration Act, 1908

Registration Act, 1908 — Section 49 — Expression “collateral transaction” — A collateral transaction is not the transaction affecting the immovable property, but a transaction which is incidentally connected with that transaction.

 
Tuesday, May 10, 2011
Registration Act, 1908

Registration Act, 1908 — Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129 — Gift of immovable property by Mohammedan — Transaction recorded in writing — Provisions of section 17(1)(a), held, will not get attracted.

 
Registration Act, 1908

Registration Act, 1908 — Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129 — A deed of gift executed by a Mohammedan is not the instrument effecting, creating or making the gift but a mere piece of evidence, such writing is not a document of title but is a piece of evidence — View of the Calcutta High Court in the case of Nasib Ali [AIR 1927 Cal 197] approved.

 
Registration Act, 1908

Registration Act, 1908 — Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129 — Deed of gift executed by a Mohammedan — Whether requires compulsory registration? — Held, it cannot be taken as sine qua non in all cases that wherever there is a writing about a Mahommedan gift of immovable property, there must be registration thereof — The facts and circumstances of each case have to be taken into consideration before finding whether the writing requires registration or not — Legal position stated in Mulla, Principles of Mahomedan Law (19th Edition), Page 120 is correct — View of the Calcutta High Court in the case of Nasib Ali [AIR 1927 Cal 197] approved — Judgment of the Full Bench of Andhra Pradesh High Court in the case of Tayyaba Begum [AIR 1962 Andhra Pradesh 199] does not lay down correct law — View of the Gauhati High Court in the case of Md. Hesabuddin [AIR 1984 Gauhati 41] also approved — The judgments to the contrary by Andhra Pradesh High Court, Jammu and Kashmir High Court and Madras High Court do not lay down the correct law.

 
Thursday, November 11, 2010
Registration Act, 1908

Registration Act, 1908 — Section 47 — The fiction created by Section 47 of the Act 1908, itself is a consequence of registration of the sale deed.

 
Registration Act, 1908

Registration Act, 1908 — Section 47 — Respondent No.1, in the present case, executed the sale deed on 2.8.1971  in favour of respondent nos. 2 to 6 — However, the sale deed executed in favour of the said respondents was registered on 3.9.1971 — Held, the sale deed will deem to have come into force on 2.8.1971, as the registration thereof dated 3.9.1971 would relate back to the date of execution.

 
Registration Act, 1908

Registration Act, 1908 — Section 47 — In spite of the fact that the registration of the sale deed would relate back to the date of execution, the sale can not be termed as complete until its registration and it becomes effective only once it stands registered — Thus, the fiction created by Section 47 of the Act, 1908, does not come into play before the actual registration of the document takes place.

 
Friday, April 23, 2010
Registration Act, 1908

Registration Act, 1908 — Section 17 — Held, section 17 of 1908 Act is a disabling section — The documents defined in clauses (a) to (e) therein require registration compulsorily — Accordingly, sale of immovable property of the value of Rs. 100/- and more requires compulsory registration.

 
Registration Act, 1908

Registration Act, 1908 — Section 49, Proviso — Held, an unregistered sale deed of an immovable property of the value of Rs. 100/- and more could be admitted in evidence as evidence of a contract in a suit for specific performance of the contract — Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral transaction not required to be effected by registered document — When an unregistered sale deed is 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 Section 49 of 1908 Act.

 
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