Monday, 9 April 2012

Transfer of Immovable Property - Compulsory Registration


Registration – Section 17 of the Registration Act – Title to Property – 2011 (2) AIR Bom R 323 – Paras – 25, 27, 28, 30, 31, 34, 38, 39, 40 – WP: 113/2010 – Judg date: 06.01.2011.

Registration – Lease Agreements – not registered – can be looked into as evidence only for proving nature and character of possession of parties – AIR 2011 Orissa – 136 – Para 17

Section of the Registration of documents – it is only where there is transfer or relinquishment of right, title or interest in the property, that would require Regisration – 2009 (6) All MR 307 – Para 11


Section 17, 49 – family Settlement – Registration – Need of – question of admissibility in Evidence – Zaheda begum versus Lal Ahmed Khan – 2010 (1) All MR (JOURNAL) 36 – Para 29

Section 17, 49 – effect of non registration – Vengala Laxamma versus Pasham Narsi Reddy – 2010 (4) All MR 9JOURNAL) 33


Section 17 – Registration of – Purpose of – Suraj Lamp versus State of Haryana – 2009 All SCR 2702 – Para 8

Section 17, 49 – Any process which interfere with regular transfers is to be discouraged and deprecated –

Section 34 – if all the requirements prescribed by the Act are complied with – the Sub registrar cannot refuse the Registration on the ground that title of the Transferor is defective or name of the Transferor is not shown in the Land records – Ashwini Ashok Kshirsagar versus State of Maharashtra – 2010 All MR (Cri) 2569 – Paras 5, 6

Section 25 – delay in presenting Sale deed for Registration – Registration will not convey or transfer title to Suit property – Mast Ram versus Sant ram – 2010 (3) All MR (JOURNAL) 22 – Paras 11, 14

ADMISSION OF UNREGISTERED DOCUMENT IN EVIDENCE – (2008) 8 SCC 564; AIR 2010 SC 1645


Section 17 and 49
Lachhman Dass V Ram Lal and Anr AIR 1989 SC 1923
Mattapalli Chelamayya and Anr V Mattapalli Venkataratnam and Anr AIR 1972 SC 1121
Mst Kirpal Kaur Vs Bachan Singh and Ors AIR1958SC199
Satish Kumar V Zarif Ahmed and Ors 1997 3 SCC 679


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