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V. LAKSHMINARAYANAN
Marcellin Mari Christian – Appellant
Versus
K. Rajendiran – Respondent
JUDGMENT :
V. LAKSHMINARAYANAN, J.
1. This second appeal arises out of the judgment and decree of the Court of the learned Additional Subordinate Judge at Puducherry in A.S.No. 18 of 2016, dated 24.09.2018 in reversing the Judgment and Decree of the Court of the Principal District Munsif at Puducherry in OS.No. 60 of 2013 dated 12.12.2016.
2. The appellants before me are the defendants 1 to 3 in the suit.
3. O.S.No. 60 of 2013 was presented by the plaintiff for the relief of declaration that:
(b) the settlement deed executed by the first defendant in favour of the second defendant on 05.09.2007 for the suit C schedule mentioned property and registered in document No. 4840 of 2007 is void and inoperative;
(c) permanent injunction restraining the defendants, their men, agents and subordinates from interfering with the plaintiff's peaceful possession of suit A schedul
The registered document operates from the date of execution, and a party with unclean hands is not entitled to declaratory relief.
The legal significance of registered documents under the Registration Act and the Transfer of Property Act, and the inability of an unregistered deed to confer a valid title.
The main legal point established is that Section 47 of the Registration Act applies to a registrable document, such as a deed of gift, and the effect of such document relates back to the date of its ....
An unregistered sale deed is invalid for specific performance claims, and the burden of proof lies with the plaintiff to establish the validity of the transaction.
The execution of a sale deed is binding if the parties are present and the statutory procedures for disabilities are adhered to, dismissing claims of forgery when sufficient evidence exists.
The distinction between signing and executing a document is crucial; mere signature admission does not equate to execution, impacting the validity of registration.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
Sale deed executed by vendor becomes an instrument of sale only after it is registered.
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