...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, 1908, even on admission of such document, the registration can be ref...executant is dead. Section 35 of the Registration Act, 1908 is as follows:“Section 35. Pro...execution.XII. Section 35.— That the person purporting to have executed the document is a minor, an idiot or a lunatic.Note: When the executant of a document who is examined under a commission ...

...of the Registration Act cannot also go into the question whether the document presented for registration is vitiated by fraud or coercion or whether the document is void for want of consideration, if t...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...

.... 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...and manner it had been filed? What is the scope of power exercised by the Deputy Registrar under Section 35(3)(a) of the Act? Whether the denial of execution of sale deed by the petitione...of the title or legality of the transaction in a sale deed, but only has to ascertain whether the provisions of the Registration Act have been complied with. Questions regarding the validity of th...

...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.... Furthermore, the sale deed was drafted at Basoda whereas the same was registered by the Sub- Registrar in the village. The evidence with regard to the timing of the registration of sale deed is also shaky. Admittedly, it ...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...

...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 Registration Act cannot also go into the question whether the document presented for registration is vitiated by fraud or coercion or whether the document is void for want of consideration, if the executant ...

...of recovery of the amount of consideration, which indisputably has been paid to the respondent and such a purpose, it was urged, being a collateral one, the provisions of Sections 33 and 35 of the...conveyance. Adequate stamp duty admittedly was not paid. The court, therefore, was empowered to pass an order in terms of Section 35 of the Act.23. The contention .... 375, para 9)“9. While considering the scope of Section 35 of the Stamp Act we cannot bring in the effect of non-registration of ...

...the executants of a deed who attend the Registrar or Sub-Registrar merely to admit that they have executed it, cannot be treated for the purpose of Section 32 of Act III of 1877 as presenting the ...38”, considering Section 35 of Registration Act, 1877 explaining the word ‘executing’, it said that vide Section .... The document was held as presented validly.33. Section 35 requires for satisfaction of the Registrar about execution of the document. If a document is properly presented and its execution is admit...

...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 ...-Registrar found that the executant was in a senseless condition which ultimately led to her death on the very next day and had rightly refused to register the instrument under Section 35(3)(b) of the ...interference.6. Learned advocate for the private respondent submits that Section 35(3)(b) of the Registration Act, 1908, has no manner of application beca...

...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 of the ...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 3...

...document, Exhibit 67 was not registered in accordance with the provisions of Section 35 of the Indian Registration ...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...was competent to represent her husband Keshav for the purpose of admitting the execution of the document. The definition of the word “representative,” as given in Section 3 of the Act, is not...

...registrable under Section 17 (b) of the Registration Act, 1908 and also attracts the stamp duty. In absence whereof and in view of the provisions contained under ...the Indian Stamp Act and Section 49 of Registration Act the said documents have rightly not been admitted in evidence.5. There being no jurisdictional...Sanjay Yadav, J.:— Heard on admission.2. Plaintiff vide present petition under Article 227 of...

...should however be exercised within the time prescribed from the date of registration. We are not however concerned with a suo moto proceedings in this case.8. What is ‘registering’ a document? Section ...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...

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...the persons by whom it purports to have been executed; satisfy himself to the identify of the persons appearing before him Section 35 of Registration Act deal...of the document dated 02.06.2009? 20. Relevant provisions of Registration Act are extracted as under: Section 32 of ...claiming under the same …. Section 34 of Registration Act, deals with enquiry before registration by registering officer. No document shall be registered, unless the...

...Section 35 of the Registration Act, to say that unless it is properly documented, it cannot be registered. The ...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...asked to stop the registration of the property without even intimating the parties concerned. It is always open to the petitioners to file a civil suit in and such a blanket order cannot be asked for...

...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 & ...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..., a legal presumption is attached to the correctness of date of death and birth recorded in the register maintained under Section 12...

...duty and penality under Section 35 of Registration Act. Though the Court has ordered to pay the stamp duty etc., the petitioner has failed to pay the same. The alleged executor of the document, th...document and the petitioner claims title over the suit property on the basis of this document and there cannot be a collateral purpose. Under Section 17(1)(b) of the Indian Registration Act, an..., 1908 Order 18 Rule 17 read with Section 151 – recall and reexamination of witness – Tenor of cross examination of plaintiff gives a clear and unambiguous stand of plaintiff that suit...

...the deed following the procedure prescribing under Sections 58, 59 and 60 of the Indian Registration Act. Consequent thereupon the District Sub-Registrar passed order under Annexure-5 refusing ...petitioner is that Section 35(3)(a) of the Act mandates that the Registering authority shall refuse registration of the deed where execution thereof is denied by the parties. It is also his submis...that the appeal in terms of Section 72(1) of the Registration Act was maintainable.5. Learned counsel for opposite party No. 1, on the other hand, submits that ...