Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 1908 – s. 17(1A) – Transfer of Property Act 1882 – s. 53A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Registration Act, 1908 (16 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Registration Act, 1908 – s. 17(1A) – Transfer of Property Act, 1882 – s. 53A – Document of which registration compulsory – On facts, unregistered agreement to sell, on the basis of which relief of specific performance claimed, registered power of attorney and general power of attorney – Admissibility in evidence – Trial court held that all the three documents could be marked and received as evidence – However, the High Court set aside the same – Held: Document is required to be registered, but if unregistered, can still be admitted as evidence of a contract in a suit for specific performance – In view thereof, the document though exhibited, could be received as evidence of a contract in a suit for specific performance and nothing more – As regards, the General Power of Attorney, being a registered document, the trial court justified in holding that there is a legal, rebuttable presumption that the same has been duly stamped – Furthermore, the agreement to sell was executed prior to coming into force of s. 17(1A) – Hence, the same was not required to be compulsorily registered at the time of its execution – Even if it was required to be registered, the same could be received as evidence for a limited purpose – Thus, the order of the trial court is restored – Genuineness, validity and binding nature of the document or whether it was hit by the provisions of the 1882 Act or 1899 Act, to be adjudicated at the appropriate stage – Stamp Act, 1899. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 578 |
Petitioner | Ameer Minhaj |
Respondent | Dierdre Elizabeth (wright) Issar And Ors. |
SCR | [2018] 5 S.C.R. 173 |
Judgement Date | 2018-07-04 |
Case Number | 18377 |
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