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...under section 35(1)(c) of the Indian Registration Act, the person executing the document being dead and whether registration effected on such admission is altogether voi..., whether or not the plaintiff was an assign within the meaning of sub-clause (c) of sub-section (1) of section 35 of the Indian Registration Act. Sub-...not the plaintiff who is the donee under the said document is an assign within the meaning of sub-clause (c) of sub-section (1) of section 35 of the ...
...Section 35 of the Registration Act. The execution of a document is not mere signing of it. It is a solemn act and...Section 35 of the Registration Act" a Division Bench of this Court in...Section 35 of the Registration Act is admission of execution of the document. It may be a sale deed, it may be a mortgage...
...Section 35 of the Registration Act, 1908, even on admission of such document, the registration can be refused if t...executant is dead. Section 35 of the Registration Act, 1908 is as follows:“Section 35. Pro...Registrar to whom he is subordinate.(5) Nothing in this section applies to copies of decrees or orders.”7. In addition to that, under...
...application to conduct an enquiry under Section 35 of the Registration Act, 1908. The enquiry was conducted by the Sub-Registrar and he submitted a report to the first respondent. Pursuant to the same, the...this sub-section and of Part XII.”9. Section 35 of the Registration Act, 1908 deals with the procedure that has to be followed when persons executing the documents appear be...the executant of the document admits execution of the document as contemplated under Section 35 of the Registration Act, the registering authority is bound to register the document...
.... Therefore, the registration of the sale deed is denied under Section 35(3)(a) of the Registration Act, 1908 and under Rule 249 of the Registration Manual, Part 2...title or legality of the transaction can only be decided by a competent civil court.15.2. The Sub-Registrar, in the present case, had denied the registration of the sale deed under Section ...thus being denied. Registration was, therefore, refused by the Sub-Registrar in terms of Section 35(3)(a) of the Registration Act.43. If a person by who...
...further submitted that since the Sub-Registrar had gone to the house of Halki Bai to execute the sale-deed, therefore, in the light of Section 35 of Registration Act it has to be presumed.... Admittedly, it was already dark and according to Shivdayal Sharma (DW-1) the sale deed was executed and registered in the light of lantern.
14. So far as Section 35 of...government official had performed his duty in accordance with law. It is submitted that in view of Section 101 of Evidence Act the Appellate Court has wrongly shifted the burden to the shoulder of the...
...document, Exhibit 67 was not registered in accordance with the provisions of Section 35 of the Indian Registration ...Coyajee, J.:— (His Lordship while concurring in the judgment of Macleod, C.J, dismissing the appeal added:) It was, however, contended before us, on behalf of the plaintiff, that the...purpose, it was only a defect in procedure (which was not sufficient to invalidate the registration. (Reference may be made to (1) Section 87 of the Act; (2) the observations of the Judicial Committee in...
...residence on commission for the purpose of registration and no steps were taken thereafter for registration of the said instrument. Such refusal was purportedly made under Section 35(3)(b...interference.6. Learned advocate for the private respondent submits that Section 35(3)(b) of the Registration Act, 1908, has no manner of application because on...Section 35 of the Registration Act, 1908. Said Section is quoted as below:“35. Procedure ...
...3rdrespondent to conduct enquiry under Section 35 of the Registration Act, 1908 (hereinafter referred to as 'the
2/5...and go for compulsory registration as contemplated under Section 35 of the Act. This order has been passed on 12.07.2022. However, no steps have been taken. When the law is very clear that empowers the...12.07.2022 and consequently direct the 3rd respondent to register the sale deed document in TP/109184243/2022, TP/109179762/2022, TP/109181364/2022 dated 27.01.2022 in light of the section 35 and Rule 162...
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...Section 35 of the Registration Act, to say that unless it is properly documented, it cannot be registered. The ...orders, would clearly state that there is no provision in law, to summarily stop the registration. In fact, he relied upon...executed, is dead, and his representative or assignee denies its execution the registering officer shall refuse to register the documents as directed under Sections 58 to 61 of the Act. They summarily...
...any objection to the registration of sale deed stated to have been presented by Opposite Party No. 4 through Opposite Party No. 5, he should file a properly constituted objection under Section 35 of...the Registration Act, 1908, which can be considered in accordance with law.5. Taking into consideration the rival contentions of the parties, this Court without...action of Sub-Registrar, Khandagiri at Bhubaneswar in proceeding with the registration of sale deed presented by Opposite Party No. 4, namely, Rama Chandra Jena, in respect of joint family property under...
...11 months and 23 days after death of his father on 17.07.1987, he cannot be said to be his son.Learned counsel for the petitioner argued that according to Section 35 of...the Birth & Death Registration Act, 1969, a legal presumption is attached to the correctness of date of death and birth recorded in the register maintained under Section 12...By the Court:-Grievance of the petitioner is that as per the entries made in the register maintained according to the Birth & Death Registration Act, 1969...
...denial of execution is described in Section 35 of the Registration Act and the usual reason for refusal to regist...entries in book II and objections will be given in writing as envisaged under the provision of section 71 of Registration Act.3. If the petitioner produces the document power of attorney...effected before the first Respondent, Sub Registrar, and as such the 1 respondent has not enquired into the legal validity etc. of the document as stated by the petitioner. Procedure on admission and...
...places reliance of Section 35 of the Registration Act, 1908 and states that as per Sub Section 3 thereof if any person executing the document appears to the registering official to be a m...was asked to seek instructions in the matter and counter affidavit has also been filed by respondent no. 4 Smt. Kalawati, who claims to be wife of petitioner. Learned counsel for the respondent no. 4...lunatic, he may deny execution or registration of such a document. Such a power is vested in the Registering Authority. No direction can be given by any superior authority to the authority concerned...
...contemplated under Section 35 of the Indian Registration Act . The respondent is also duty bound to register the...of law contemplated under Section 35 of the Indian Registration Act and would further submit that the respondent...document pertaining to the subject property, but the same was rejected by the respondent on the ground of non-availability of such provision under the Registration Act and further omitted the fact that the...
...38”, considering Section 35 of Registration Act, 1877 explaining the word ‘executing’, it said that vide Section ...respondent No. 2 under Section 72/73 of the Indian Registration Act, 1908 (hereinafter referred to as the ‘Act’), directing Sub Registrar to register the instrument allegedly executed by the petitioner in...Indian Registration Act, 1866 (XX of 1866), 1871 (VII of 1871), 1877 (III of 1877) and thereafter by the present Act of 1908.12. Section 23 prescribed time for presenting...
...respondent is having a statutory duty to register a document when presented before him and admit the document as contemplated under Section 35 of the Indian Registration Act . The respondent is also duty...settled proposition of law contemplated under Section 35 of the Indian Registration Act and would further submit that the respondent ought to have registered the documents presented by the parties...respondent on the ground of non-availability of such provision under the Registration Act and further omitted the fact that the same is applicable to registration of the above referred deeds presented by the...
...document? Section 35 of Registration Act, provides that after presentation of a document for registration and admission of execution by the executants, the Registering Officer shall register the d...consideration:(a) Whether a reference can be made by the Registering Officer under Section 45A of the Karnataka Stamp Act, 1957, even the registration...directed in Section 58 to 61 of the Registration Act. Section 51 requires that documents registered under Section 17 relating to immovable property, shall be entered (or...
...and Section 35 of the Registration Act, and I am clearly of opinion that the Sub-Registrar had no jurisdiction to enquire as regards the truth or falsity of any recital in the deed and the...Section 82 of the Indian Registration Act. The accused were summoned and the learned Sub-Divisional Magistrate by his order dated the 2nd Fe.... Section 82(a) of the Registration Act provides that whoever intentionally makes any false statement, whether on oath or not, and whether i...