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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Jayanthi – Appellant
Versus
Pichapillai – Respondent
| Table of Content |
|---|
| 1. petitioner's status and application details. (Para 1 , 2) |
| 2. contention regarding unregistered sale deed. (Para 3) |
| 3. precedents on unregistered documents for possession. (Para 5 , 6 , 7) |
| 4. trial court's dismissal and grounds. (Para 8 , 9) |
| 5. conditions for using unstamped document. (Para 10) |
| 6. final decision and order. (Para 11) |
ORDER :
P.B. BALAJI, J.
Heard Mr.T. Deeraj, learned counsel for the petitioner. Despite service of notice on the respondent, the respondent has neither appeared in person, nor through a counsel.
2. The petitioner is the 5th defendant in O.S. No.83 of 2014. An application in I.A. No.2 of 2020 was taken out to mark an unregistered Sale Deed, dated 31.10.1988. The trial Court finding that the petitioner is attempting to establish title through the said document, proceeded to dismiss the application. Aggrieved by the said order, the present revision has been filed.
3. The learned counsel for the petitioner states that the said unregistered Sale Deed is sought to be marked as a document only in order to establish the factum of possession, more specifically the commencement of possession being with the 1st defendant and subsequently with the 5th defen
Unregistered Sale Deeds can be admitted for collateral purposes, such as establishing possession, provided stamp duties are paid, aligning with Sections 17 of Registration Act and 54 of Transfer of P....
An unregistered Sale Deed can be introduced in court for determining possession, provided no rights are established under the document, along with the requirement of paying deficit stamp duty for uns....
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.
An unregistered sale deed cannot be admitted as evidence for ownership in a declaration suit, violating statutory provisions of the Registration Act and Transfer of Property Act.
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
The admissibility of unregistered documents for collateral purposes and the process of impoundment and penalty for inadequate stamping were central to the judgment.
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