AI Overview...
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Collateral Purpose - Under Section 49 of the Indian Registration Act, an unregistered document cannot be used as evidence of the main transaction affecting immovable property but may be admitted for collateral purposes, such as proving possession, nature, or character of possession. The proviso to Section 49 explicitly empowers courts to admit such documents for collateral purposes, despite non-registration Rajappa VS Rajappa - Karnataka, C. S. Kumaraswami Goundar VS Aravagiri Goundar and another - Madras, Thippareddy Obulamma VS Balu Narasimhulu - Andhra Pradesh, Buddha Jagadeeswara Rao VS Ravi Enterprises - Current Civil Cases.
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Main Points and Insights:
- An agreement of sale is not compulsorily registrable under Section 17; thus, its registration status influences admissibility Rajappa VS Rajappa - Karnataka.
- The collateral purpose refers to using unregistered documents to prove ancillary facts like possession or nature of occupancy, not the primary transaction ASEA BROWN BOVERI LIMITED VS CHIRANJIV LAL SHARMA - Delhi, C. S. Kumaraswami Goundar VS Aravagiri Goundar and another - Madras.
- The phrase collateral purpose is somewhat vague but generally includes evidence related to possession, title, or ancillary rights connected to the immovable property Sardar Amar Singh VS Surinder Kaur - Madhya Pradesh, Thippareddy Obulamma VS Balu Narasimhulu - Andhra Pradesh.
- The proviso to Section 49 allows courts to admit unregistered documents for collateral purposes, but such documents cannot establish the primary right or title directly Islam son of late Mustaq VS Chiraguddin son of Sheikh Chhotu - Rajasthan, Jiwan Industries (P) Ltd. VS Kamlesh Rani Budhiraja - Delhi, T. N. Habib Khan VS Arogya Mary Shanthi Lucien - Madras.
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The Indian Stamp Act's provisions (Section 35) also influence admissibility, requiring proper stamping unless used solely for collateral or corroborative purposes Buddha Jagadeeswara Rao VS Ravi Enterprises - Current Civil Cases.
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Analysis and Conclusion: The concept of Collateral Purpose under Section 49 of the Registration Act permits the use of unregistered documents as evidence in specific secondary roles, primarily to prove possession, nature of possession, or other ancillary facts related to immovable property. This exception is vital in cases where registration is not mandatory for certain documents or where registration has not been completed, but the document's evidentiary value for collateral purposes remains recognized by courts. However, such documents cannot be used to establish primary rights or title directly.
Search Results for "Meaning of Collateral Purpose under Section 49 of Registration Actual"
2014 0 Supreme(Kar) 1013 • India - Karnataka
N.KUMAR
INDIAN REGISTRATION ACT, 1908 - Section 49, Proviso (b): [N. ... ... INDIAN REGISTRATION ACT, 1908 - Section 49, Proviso (b): [N. ... An agreement of sale is not a compulsorily registerable document under Section 17 of the Registration Act. ... An agreement of sale is not a compulsorily registrable document under Section 17 of the Registration Act. Therefore, the question of marking such a document for c....
1998 0 Supreme(Del) 613 • India - Delhi
M.S.A.SIDDIQUI
— Inadmissible in evidence under Section 49 — Admissible only for collateral purpose of proving for further extension of lease is ... 49 of the Registration Act except for the collateral purpose of proving the nature and character of possession of the plaintiff. ... 49 of the Registration Act is not applicable to the present case inasmuch as the terms of the lease are not "collateral pur....
1973 0 Supreme(Mad) 230 • India - Madras
M.M.ISMAIL, NATARAJAN
Registration Act, 1908-Sections 17 (i) (b) and 49-Unregistered document not admissible in evidence-Only admissible for collateral ... purpose. ... Therefore a collateral transaction within the meaning of the proviso to section 49 of the Act means a transaction other than the transaction affecting immovable property, but which is in some way connected with it. In Ramlaxmi v. ... be used as evidence for a collateral ....
2014 0 Supreme(Del) 470 • India - Delhi
VALMIKI J.MEHTA
Registration Act, 1908 -Section 49 - Un-registered lease - Collateral purpose - Unregistered lease deed can ... be looked into only for collateral purpose and collateral purpose cannot be interpreted to include therein the terms and conditions ... Delhi Rent Control Act, 1958 - Section 50 - Rent - Registration of deed - Termination of tenancy - Protection ... 49 of the #HL_START....
1975 0 Supreme(MP) 58 • India - Madhya Pradesh
S.S.SHARMA, B.R.DUBE, A.P.SEN
As a matter of fact, the proviso to section 49 clearly empowers the Courts to admit any unregistered document as evidence of collateral ... ... Section 49 of the Registration Act does not say that an unregistered ... [Para 5 (FB) ... The expression collateral purpose is a very vague one ... A term of a deed of lease being one of its main purpose, it could not be termed a collateral purpose within....
2003 0 Supreme(AP) 909 • India - Andhra Pradesh
D.S.R.VERMA
... “Collateral purpose” - Meaning of - Real purpose can only be ... REGISTRATION ACT, Sec.49 - STAMP ACT, Secs.33 & 35 - Suit filed for declaration of title and permanent injunction - Trial Court ... purpose to prove their possession. ... But there is no prohibition under Section-49 to receive such a document which requires registration to be used for a collateral purpose#HL_END....
1981 0 Supreme(Mad) 217 • India - Madras
RATNAVEL PANDIAN
, they could be admitted for collateral purposes pursuant to the proviso to Section 49 of the Registration Act. ... SECTION 49 OF THE REGISTRATION ACT - WHETHER DOCUMENTS CREATE PRESENT DEMISE - WHETHER DOCUMENTS ADMISSIBLE FOR COLLATERAL PURPOSES ... Whether the documents are admissible in evidence for collateral purposes. ... Since I have given a finding that these documents do....
• India - Current Civil Cases
B.SIVA SANKARA RAO
(a) Indian Stamp Act – Section 35 – An unstamped document cannot be used to corroborate the oral evidence for the collateral purpose ... any immovable property – Section 49 permits admission of unregistered documents in evidnec for collateral purposes – But it should ... ... (d) Indian Stamp Act – Section 35 r/w section 49, Indian Registration ... Leave about registration requir....
2017 0 Supreme(Raj) 951 • India - Rajasthan
DINESH MEHTA
and hence embargo of Section 49 of Registration Act will not be applicable while producing and/ or exhibiting same in evidence - ... aforesaid application vide its order observing inter alia that document in question, even without registration can be used for collateral ... Code of Civil Procedure, 1908 - Order 7 - Rule 14 (3) - Registration Act, 1908 - Sections 17 and 49 - Indian ... Joshi, argued that even if the argument of the petitioner is accep....
2025 Supreme(Online)(TEL) 1900 • India - High Court of Telangana
G.RADHA RANI, J
(A) Indian Registration Act, 1908 - Section 49 - Evidence Act, 1872 - Documents admitted in evidence and admissibility of unregistered ... unregistered partition deed cannot be received in evidence to create or declare rights over the property; it can only be received for collateral ... instruments required by law to be registered cannot serve as evidence for claims regarding immovable property unless designated for collateral ... The proviso to Section-49 permits the....
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