Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
M.Ahamed Jesimabanu – Appellant
Versus
A.Mohamed Maideen – Respondent
ORDER :
R. VIJAYAKUMAR, J.
1. The defendants 1 and 3 in O.S.No.20 of 2018 on the file of the Subordinate Court, Mudukulathur has filed the present civil revision petition challenging the dismissal of their application for reception of an unregistered sale deed as a document in evidence.
2.The first respondent has filed the above said suit for the relief of declaration of title and permanent injunction. According to the plaintiff, the suit schedule properties belonged to one Mohideen Bava and he had executed a sale deed in favour of the plaintiff on 23.05.2013 for a valuable consideration under a registered document in Document No.726 of 2013.
3.According to the plaintiff, the defendants do not have any right over the property. The third defendant has filed a written statement contending that the second defendant has executed an unregistered sale deed in favour of the third defendant on 21.12.2012 after receipt of full sale consideration. Based upon the said sale deed, the third defendant has also mutated the revenue records in his name. Thereafter, the third defendant has executed a registered settlement deed in favour of his wife namely the first defendant on 21.11.2014. According to
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.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
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 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 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....
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
Unregistered agreements of sale are inadmissible in evidence for suits requiring registration under the Indian Registration Act, as their nature is determined by recitals, not nomenclature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
