Judgment Search Results Home > Cases Phrase: registration act 1908 part iii of registrable documents Page 1 of about 3,648 results (0.206 seconds)

Asset Reconstruction Company (india) Limited Vs. S.p. Velayutham

Court : Supreme Court of India

..... before we look at the relevant provisions of the registration act, 1908, it is necessary to note that registration of deeds and documents falls in entry 6 of list iii (concurrent list) of the seventh schedule of the constitution. ..... the said writ petition was allowed by a learned judge on the ground that there was utter failure on the part of the registering authority to follow the mandate of law as prescribed in sections 32 to 35 of the registration act, 1908 and that the registrar failed to verify the deed of poa dated 23.08.2006, before allowing registration of the sale deed executed on the basis of the said power; (xi) however, two intra court appeals filed by the father son duo, were allowed by the ..... the registration act, 1908 is divided into xv parts. ..... part iii comprising of sections 17 to 22 contains provisions relating to 8 registerable documents; part iv of the act contains prescriptions regarding the time of presentation of documents for registration; part v contains provisions prescribing and regulating the place of registration of documents; part vi contains provisions relating to presentation of documents for registration and the procedure on admission and denial of execution; part vii contains provisions for enforcing appearance of executants and witnesses; part xi contains provisions relating to the duties and powers of registering officers and part xii contains provisions relating to refusal to register and the remedies .....

Eshaque Vs. Sub Registrar

Court : Kerala

Reported in : AIR2002Ker128

..... rival contentions it is necessary to refer to therelevant provisions of the registration act, 1908. ..... considered the provisions of sections 52 and 68 of registration act, where it isheld as follows:- 'in our view, if a document otherwise complying with the statutory requirements andformalities is presented for registration, the registering authority is bound to register it ..... further submitted that under theprovisions of the registration act, 1908, the 1st respondent can verify only the ..... document satisfies all therequirements of the registration act and therefore the 1st respondent cannot refusethe registration of the said document for reasons other than what is provided undersections 21, 23, 28, 32, 35 and 74 of the said act ..... bound to register a document presented for registration onbeing satisfied of the compliance of the provisions of the registration act alreadyreferred to in this ..... part iii of the act, sections 17 to 22deals with the registerable documents, part iv of sections 23 to 27 ..... it is also stated that sections 21, 23, 28, 32, 35 and 74 authorise the sub registrarto refuse registration if the documents arenot properly executed or presented or thesubject matter of the document lay beyond his territorial jurisdiction and that nothing inthe act authorised either the state government or the registrar to instruct the subregistrars not to register a document, where the state government and the registrarin turn, instructed the sub registrar not to register sale deeds or lease deeds .....

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

..... tulzapurkar invites our attention to part iii of the act and submits that section 17 falling therein sets out the documents of which registration is compulsory whereas documents of which registration is optional are dealt with by section 18. mr. ..... . as a result of the above discussion we find that both sections of the maharashtra stamp act, 1958, and the registration act, 1908, read and understood so also interpreted in the above manner need not be struck down ..... if that is not provided in the substantive law, then, by insertion of a provision in an enactment like the registration act, 1908, the state government cannot dilute or whittle down the rights conferred by general law. ..... . however, the proviso to section 49 must be noted and that relates to an unregistered document affecting immovable property and required by the registration act, 1908, or the transfer of property act, 1882, to be registered but not registered may still be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1963, or as evidence of any collateral transaction not required to be effected by a registered instrument .....

Ravinder Kaur Grewal Vs. Manjit Kaur

Court : Supreme Court of India

..... 17 as applicable when the cause of action arose (prior to amendment of 2001) reads thus: part iii of registrable documents xxx xxx xxx xxx xxx xxx documents of which registration is compulsory. ..... in such a case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(2) of the registration act and is, therefore, not compulsorily registrable; (5) the members who may be parties to the family arrangement must have some antecedent title, claim or interest even a possible claim in the property which is acknowledged by the parties to the ..... ram & anr.9, the same dealt with the question of necessity to register any decree or order of a court 9 (2006) 10 scc78829 governed by clause (vi) of section 17(2) of the registration act, 190810. ..... if the property dealt with by the decree be not the subject matter of the suit or proceeding , clause (vi) of sub section (2) would not operate, because of the amendment of this clause by act 21 of 1929, which has its origin in the aforesaid decision of the privy council, according to which the original clause would have been attracted, even if it were to encompass property not litigated. ..... aforementioned, in bhoop singh (supra) and som dev (supra), the court was dealing with the issue of compulsory registration 10 for short, the 1908 act 30 of a decree or order of court. ..... the present case, however, clause (v) of sub section 2 of section 17 of the 1908 act is attracted. .....

Smt Ismailbee Vs. Mehtab Saheb

Court : Karnataka Kalaburagi

..... in view of amendment to section 49 of the registration act, 1908 brought about by an amending act no.21 of 1929, which by inserting in section 49 of the registration act, the words or by any provision of transfer of property act, 1882 has made it clear that the document of which registration is necessary under the transfer of property act, 1882, but not under the registration act fall within the scope of section 49 of the registration act and if not registered, is not admissible as evidence of any transaction affecting any immovable property comprised therein and not affect any such immovable ..... section 17 as applicable when the cause of action arose (prior to amendment of 2001) reads thus: part iii of registrable documents17 documents of which registration is compulsory. ..... . (2) as evidence of part performance of a contract for the purposes of section 53a of the transfer of property act and (3) as evidence of any collateral transactions not required to be effected by the registered instrument, in other words a compulsorily registrable document, if not registered, cannot be looked into at all in any suit, except for the purposes stated in the proviso to section 49.24 .....

Smt Usha Singh Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... part vi of the registration act, 1908 deals with presentation of documents for registration . ..... in view of the scheme of the registration act, 1908, whether a document can be registered or not, is a matter which has to be decided by the registering authority who, of course, has to take a decision in accordance with law. ..... on: 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... section 32(a) provides that a document can be presented for registration by: (i) the person executing the document; (ii) any person claiming under the document presented for registration; and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order. 5. ..... in view of the discussions hereinabove, to summarise, the registering authority is authorised to make enquiries; (i) for identification of the person/persons presenting the document for registration, (ii) for identification of the property which is the subject matter of registration, (iii) for ascertaining whether the person executing the document has executed the same voluntarily, (iv) for ascertaining the authority of the representative, assign etc. ..... iii mr. .....

Dilip Kumar Sinha Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... part vi of the registration act, 1908 deals with presentation of documents for registration . ..... in view of the scheme of the registration act, 1908, whether a document can be registered or not, is a matter which has to be decided by the registering authority who, of course, has to take a decision in accordance with law. ..... on: 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... section 32(a) provides that a document can be presented for registration by: (i) the person executing the document; (ii) any person claiming under the document presented for registration; and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order. 5. ..... in view of the discussions hereinabove, to summarise, the registering authority is authorised to make enquiries; (i) for identification of the person/persons presenting the document for registration, (ii) for identification of the property which is the subject matter of registration, (iii) for ascertaining whether the person executing the document has executed the same voluntarily, (iv) for ascertaining the authority of the representative, assign etc. ..... iii mr. .....

Rajrajeshwar Prasad Singh Chandel Vs. The State of Jharkhand Through t ...

Court : Jharkhand

..... part vi of the registration act, 1908 deals with presentation of documents for registration . ..... in view of the scheme of the registration act, 1908, whether a document can be registered or not, is a matter which has to be decided by the registering authority who, of course, has to take a decision in accordance with law. ..... on: 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... section 32(a) provides that a document can be presented for registration by: (i) the person executing the document; (ii) any person claiming under the document presented for registration; and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order. 5. ..... in view of the discussions hereinabove, to summarise, the registering authority is authorised to make enquiries; (i) for identification of the person/persons presenting the document for registration, (ii) for identification of the property which is the subject matter of registration, (iii) for ascertaining whether the person executing the document has executed the same voluntarily, (iv) for ascertaining the authority of the representative, assign etc. ..... iii mr. .....

Akil Ahmad Vs. Land Reforms and Revenue Department

Court : Jharkhand

..... part vi of the registration act, 1908 deals with presentation of documents for registration . ..... in view of the scheme of the registration act, 1908, whether a document can be registered or not, is a matter which has to be decided by the registering authority who, of course, has to take a decision in accordance with law. ..... on: 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... section 32(a) provides that a document can be presented for registration by: (i) the person executing the document; (ii) any person claiming under the document presented for registration; and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order. 5. ..... in view of the discussions hereinabove, to summarise, the registering authority is authorised to make enquiries; (i) for identification of the person/persons presenting the document for registration, (ii) for identification of the property which is the subject matter of registration, (iii) for ascertaining whether the person executing the document has executed the same voluntarily, (iv) for ascertaining the authority of the representative, assign etc. ..... iii mr. .....

Prem Prajapati and Anr Vs. Revenue Department

Court : Jharkhand

..... part vi of the registration act, 1908 deals with presentation of documents for registration . ..... in view of the scheme of the registration act, 1908, whether a document can be registered or not, is a matter which has to be decided by the registering authority who, of course, has to take a decision in accordance with law. ..... on: 15.04.2015 pronounced on: 19/05/2015 the main questions involved in the writ petitions are whether the registering authority is under a statutory duty to accept a properly stamped deed/document presented for registration, compulsorily and whether the scope of enquiry by the registering authority is confined to section 34 and section 71 of the registration act, 1908 only? 2. ..... section 32(a) provides that a document can be presented for registration by: (i) the person executing the document; (ii) any person claiming under the document presented for registration; and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order. 5. ..... in view of the discussions hereinabove, to summarise, the registering authority is authorised to make enquiries; (i) for identification of the person/persons presenting the document for registration, (ii) for identification of the property which is the subject matter of registration, (iii) for ascertaining whether the person executing the document has executed the same voluntarily, (iv) for ascertaining the authority of the representative, assign etc. ..... iii mr. .....