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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
M.C. Somashekar S/o Late P.M. Channabasavanna – Appellant
Versus
Official Liquidator, High Court of Karnataka – Respondent
ORDER :
1. In CA No.326 of 2021, the applicants claim to be the children of late P.M. Channabasavanna and Smt. H.N. Saroja. It is stated that, father of the applicants acquired the property bearing No.2997, Temple Road, Vanivilasa Mohalla, Mysore as per registered Sale Deed dated 05.06.1982 (Annexure-A). It is further stated that, the applicants are co-owners of the aforementioned property. It is further stated that the, parents of the applicants had entered into Joint Development Agreement dated 30.06.1997 (Annexure-B) with M/s. Kirlosker Investments and Finance Ltd., (hereinafter referred to as Company in liquidation). The Company in liquidation failed to perform its obligation as per the terms and conditions stipulated in the Joint Development Agreement, and in this regard, father of the applicants addressed letter dated 28.02.1988 about the non-performance of the obligation by the Company in liquidation and also made a reference for revocation of Joint Development Agreement. In reply to the same, the Company in liquidation by reply dated 18.03.1998 expressed their inability to complete the project within stipulated period (Annexures-C and D respectively). Thereafter, legal notic
An unregistered document required to be registered is inadmissible in court and does not confer rights or ownership of property.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
Documents not duly stamped are inadmissible in evidence for any purpose under Section 35 of the Indian Stamp Act, including collateral purposes.
Unregistered lease agreements can be admissible for collateral purposes if objections to their admissibility are not raised at the time of tendering.
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
The central legal point established in the judgment is that unregistered and insufficiently stamped documents, even if not covered by specific consequences of non-registration, are inadmissible in ev....
A Sale Deed must be registered to be admissible in evidence, regardless of its historical context or the law in force at the time of execution.
Unregistered lease agreements can be admissible for collateral purposes; timely objections to admissibility must be raised at the time of tendering.
Law is not that in every case where a party sets up plea that court may look into an unregistered documents to show nature of possession that court would agree to it – Cardinal principle would be whe....
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