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ARAVIND KUMAR, SANDEEP MEHTA
Ramesh Chand (D) Thr. Lrs. – Appellant
Versus
Suresh Chand – Respondent
The legal document states that the registration of a will does not make it any more effective or valid. The relevant paragraph is:
"Registration of a will does not make it any more effective." (!)
JUDGMENT :
ARAVIND KUMAR, J.
1. Heard.
2. The appellants are aggrieved by the judgment dated 9th April, 2012, passed by the Hon’ble High Court of Delhi whereby the Regular First Appeal No. 358/2000 filed by them against the judgment and decree dated 11th May, 2000 came to be dismissed and the judgment and decree passed in Suit No. 613/1997 by the Additional District Judge, Delhi decreeing the suit for possession, mesne profits, declaration, mandatory injunction filed by the Respondent No. 1, who was the plaintiff, came to be confirmed, by dismissing the counterclaim for declaration filed by the Appellant has been affirmed. For convenience, the parties are referred as per their rank before the Trial Court.
FACTUAL MATRIX:
3. Facts necessary for adjudication of the controversy on hand are as follows:
4. The suit property bearing No. 563, at Ambedkar Basti near Balmiki Gate, Delhi - 110053 was originally owned by Shri. Kundan Lal, father of the Appellant/Defendant No. 1 and Respondent No. 1/Plaintiff. The plaintiff claims that he had acquired title to the suit property from his father, Shri. Kundan Lal by virtue of a General Power of Attorney, Agreement to Sell, Affidavit, and a Receipt. H
(1) Sale – There is difference between a sale deed and an agreement for sale, or a contract for sale.(2) Part Performance – Unless transferee in instrument of agreement to sale is able to prove that ....
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
Civil Law – Civil Suit - Unregistered agreement to sell – Maintainability of suit - When and from whom plaintiff came into lawful possession of property, and entitlement of plaintiff to restoration o....
Civil Law - Civil Suit - Seeks rejection of plaint - Restoration of possession - When and from whom plaintiff came into lawful possession of the property, and entitlement of plaintiff to restoration ....
Fraud vitiates all transactions; unregistered agreements do not confer title or interest in property, and judgments obtained through fraud can be quashed by the High Court under Article 227.
Unregistered GPAs and affidavits do not confer ownership or possessory rights in immovable property, and mere injunction is not maintainable when title is clouded by a prior registered sale deed.
A party must demonstrate readiness and willingness to perform contractual obligations to invoke protections under Section 53-A of the Transfer of Property Act.
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