VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 21.12.2016 by which the trial court has dismissed the suit as time barred by dismissing an application under Section 5 of the Limitation Act, 1963.

2. The subject suit was filed by the appellant/plaintiff under Section 77 of the Indian Registration Act, 1908 challenging the Order dated 3.1.2015 passed by the Registrar under the Registration Act,1908 refusing registration of the Gift Deed dated 21.10.2014, pleading that he was the owner of the suit property bearing no. 1/11277-A/1, Gali No. 1, Subhash Park Extension, Village Uldhanpur, Naveen Shahdara, Delhi-110032, having total Land Area 195.096 sq. meters and Plinth Area 166 sq. meters, inasmuch as the property was purchased by him by means of usual documentation being Agreement to Sell, Power of Attorney, Will, etc. dated 19.8.1983. The documents dated 19.8.1983 were executed by the seller Sh. Hari Chand who was the owner of the subject property in terms of the registered Sale Deed dated 18.10.1968. Appellant/plaintiff pleaded that his name was mutated as owner of the suit property in the records of Municipal Corporation of Delhi and the appellant/plaintiff has been paying house tax of the suit property from time to time. The appellant/plaintiff executed a duly stamped Gift Deed dated 21.10.2014 in favour of his eldest son Sh. Subod Kumar and this Gift Deed was presented for registration before the concerned Sub-Registrar IV A for registration vide Registration Receipt no. 6113. Registration was however refused by the Sub-Registrar by holding that the Will which is relied upon by the appellant/plaintiff from Sh. Hari Chand was not registered. This impugned order of the Sub-Registrar dated 25.10.2014 reads as under:-

“OFFICE OF THE SUB REGISTRAR-IVA, NAND NAGRI D.C. OFFICE COMPLEX, DISTRICT SHAHDARA/SEEMAPURI, DELHI-110093

No. F.SR-IVA/Refusal/6113/2014/1536

Dated 25.10.2014

ORDER

Whereas a document in the name and style of Article 33 Gift was presented in the office of Sub-Registrar-IVA for registration vide receipt No. 6113 dated 21.10.2014 in respect of property PMPL No. 1/11277-A/1, Gali No. 1, Subhash Park Ext. Naveen Shahdara, Delhi was executed by Sh. Jai Prakash in favour of his son Sh. Subodh Kumar.

And whereas on perusal of the deed, it is mentioned at pages 4, 5 & 6 that Sh. Hari Chand, in his lifetime executed an UN-REGISTERED WILL dated 19th day of August, 1983 in favour of Sh. Jai Prakash, in respect of western portion of plot of land No. 14 area 33.34 Sq. Yards out of entire area 200 Sq. Yards and area of 200 Sq. Yards of Plot no. 13. Further, Sh. Hari Chand expired on 7th day of February, 1984 leaving behind his LAST UNREGISTERED WILL dated 19th day of August, 1983 executed in favour of Sh. Jai Prakash, And thus, Sh. Jai Prakash became absolute and exclusive owner of the aforesaid western portion of plot of land no. 14, area 33.34 Sq. Yards out of entire area of 200 Sq. Yards and Plot no. 13, area 200 Sq. Yards total area becomes 233.34 Sq. Yards situated in area of village Uldhanpur at Subhash Park Extension, Shahdara, Delhi-32.

And whereas, at page 4 (para 3 & 4) of the deed, the executant/Donor has mentioned the approx area under gift, which should be in exact for calculation of stamp/duty/transfer fee etc. and for other purposes too.

And Whereas, the Circular no. F1(92)/Regn. Br./Div.Com/HQ/2013/815 dated 22/07/2013 states that immovable property can be legally and lawfully transferred only by a registered deed like sale, gift conveyance etc. Transportation i.e. execution of general power of attorney/special power of attorney/Will etc., in respect of immoveable property do not convey any title, and, thus, are not legally recognized valid modes of transfer of immovable property as per the existing provisions of the law.

An Whereas in the instant deed of Gift the exe