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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, M.G.Priyadarsini
Amjed Mohiuddin – Appellant
Versus
Mohammed Habib Ahmed Khan – Respondent
JUDGMENT :
M.G. Priyadarsini, J.
Heard Sri Ch. Janardhan, learned counsel appearing for the appellants/defendants in C.C.C.A. No.157 of 2015, Sri H. Sudhakar, learned counsel appearing for the appellants/defendants in C.C.C.A.No.26 of 2015 and Sri A. Venkatesh, learned Senior Counsel representing Sri Mohd. Nawaz Hyder Ali, leaned counsel for the respondents/plaintiff in both the Appeals.
2. Aggrieved by the Judgment and Decree dated 04.12.2014 passed in O.S.No.464 of 2009 on the file of learned XXIV Additional Chief Judge, City Civil Court at Hyderabad, the defendant No.2 and defendant Nos.3 and 4 have filed the present Appeals respectively.
3. It is to be noted that the sole plaintiff in O.S.No.464 of 2009 filed the said suit against defendant Nos.1 to 4 for declaration of title, recovery of possession with mesne profits and declaration of unregistered sale deed dated 16.02.1998 as null and void. On the other hand, the defendant Nos. 3 and 4 in O.S.No.464 of 2009 filed O.S.No.54 of 2011 against the plaintiff, defendant Nos.2, 1 in O.S.No.464 of 2009 and another for the relief of perpetual injunction in respect of same suit schedule property in O.S.No.464 of 2009. Since the suit schedu
Immovable property cannot be transferred without a registered deed; unregistered sale deeds are void and do not confer title.
Unregistered sale deeds do not convey title to immovable property; valid transfer requires registration under the Transfer of Property Act.
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.
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
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.
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