Registration Act (Mains)

June 11, 2021
Zia Judicials
0

INDIAN REGISTRATION ACT

HARYANA JUDICIAL SERVICES
REGISTRATION OF DOCUMENTS AND EFFECT OF REGISTRATION AND NON-REGISTRATION (S. 17, 18, 47-50)

Enumerate the documents that have to be compulsorily registered. What is the effect of non-registration? [HJS 1984]
Is the following document to be compulsorily registered: A lease of an immovable property for two years? [HJS 1984]
A lease for one year containing an option to the tenant to renew for a further period of one year. Is such a lease compulsorily registrable? Explain giving reasons. [HJS 1986]
(a) What is the effect if a document required under law to be registered is not got registered under the provisions of Indian Registration Act, 1908? Is such document enforceable in law?

(b) Can a document which requires registration be received in evidence of any transaction effecting such property or conferring such power. If it has not been registered? [HJS 1996]

Whether the following types of lease of immovable property require registration? Give reasons.
A lease for year to year.
A lease for six months.
A lease for any term exceeding one year.
A lease which is for one year contains an option to the tenant to renew for further period of one year. [HJS 1996]
What are the documents of which registration is compulsory? [HJS 1998]
Discuss the effects of non-registration of Documents under Indian Registration Act. Refer to cases. [HJS 1999]
‘A’ deposits the title deeds of his property with ‘B’ to secure payment of a loan made to him by ‘B’. A then executes a legal mortgage of the same property to ‘C’. The mortgage deed to C is duly registered. Is ‘C’ entitled to priority over ‘B’. Decide with the help of relevant provisions of the Registration Act and refer to recent case Law. [HJS 1999]
What are the consequences of non-registration of a document which by law requires to be registered? [DJS 1999, HJS 2000]
What are the different documents of which registration is compulsory. Mohd. Yashin gifted his dwelling house to his wife orally. Both were residing in the house. After one year, he executed a deed stating the fact of gift of the house to his wife. The deed was not registered. Whether gift was valid? [HJS 2003]
What are the effects of non-registration? [HJS 2003]
Discuss if a deed of dower by a Muslim husband in favor of his wife transferring to her immovable property of the value of Rs. 10,000 in lieu of satisfaction of the dower debt due to her requires registration under the relevant provisions of the Registration Act. [HJS 2007]
State with reasons whether registration of following documents is compulsory:
Sale certificate given by court.
General Power of Attorney. [HJS 2010]
What is the impact of the Property Laws (Amendment) Act, 2001, which amended the Registration Act as well on Section 53-A of the Transfer of Property Act? [HJS 2011]
What documents may be registered? What are the effects of non-registration? [HJS 2011]
‘A’ bequeaths property worth Rs. 2 Crores to his friend ‘B’. A’s family members allege that the bequest is invalid for want of registration. Decide the case. [HJS 2013]
Are the following documents to be compulsorily registered:
A Will
General Power of Attorney.
A compromise of a dispute between the parties. [HJS 1984]
There are some documents of which registration is optional. Which are those documents? Explain the effects of registration. [HJS 1986]
Discuss the provisions of the Indian Registration Act. 1908 regarding presenting and deposit of wills to: registration. [HJS 1986]
When the document executed by several persons at different time may be presented for registration? [HJS 1988]
Mention the document of which registration in optional. [HJS 1998]
Is a will required to be compulsorily registered? Discuss the effects of non-registration of a will. [HJS 2000]
Enumerate the nature and category of documents whose registration is optional. [HJS 2010]

TIME OF PRESENTATION (Ss. 23-27)

In what circumstances the Registrar can proceed to the re-registration of a document? [HJS 1988]
Can a document, not presented for registration within time, be registered after the expiry of the prescribed period? [HJS 1988]
What is the time limit for presenting a document for registration? [HJS 1998, DJS 2015]
A document for sale of immovable property was executed by a widow, who sent her husband’s brother for registration. Her husband’s brother had no power of attorney, to sell or present the said document for registration on behalf of the widow. What right is available to the vendee? [HJS 2009]
There is a contract to be signed between ‘A’, ‘B’, ‘C’ and ‘D’ on one hand and ‘E’ on the other hand. As per the arrangement the contract has to be first signed by ‘A’ and ‘E’ on 02.03.2013. Then ‘B’, ‘C’ and ‘D’ object to this by contending that the document can be registered only after 02.09.2013.

Decide on whether the document can be registered on 0.1.06.2013? [HJS 2013]

DUTIES AND POWERS OF REGISTERING OFFICERS (Ss. 51-70)

State the powers and duties of Registering officers under the Indian Registration Act. [HJS 1988, 1999, 2000]
What are the special duties and controlling powers of the Registrar under the Indian Registration Act, 1908. [HJS 2001]

PRESENTING DOCUMENT FOR REGISTRATION (Ss. 32-35)

Who can present a document for registration? [HJS 1998, DJS 2015]

REFUSAL TO REGISTER (SS. 7 1-77)

Discuss the grounds of refusal to register a document and the remedy thereof. [HJS 1984, 2011, 2015]
A presented a document written in Tamil for registration. The registration officer refused to register it on the ground that he did not know that language. Advise A. [HJS 1986]
(a) Discuss the circumstances in which registration of a document can be refused by the Registering Authority. What is the remedy against an unjustified refusal?

(b) Can a registered document be re-registered? If so, under what circumstances? [HJS 2009]

RAJASTHAN JUDICIAL SERVICES
REGISTRATION OF DOCUMENTS AND EFFECT OF REGISTRATION AND NON-REGISTRATION (S. 17, 18, 47-50)

When is the registration of lease compulsory? [RJS 1984]
What are the effects of non-registration of a document required to be registered under the Registration Act? [RJS 1988]
Is it compulsory to register a will? [RJS 1980-1981]
Whether the objection that the document is insufficiently stamped can be raised after it has been exhibited in accordance with Law? [RJS 1988]
Is a will compulsorily registerable and how much stamp duty is payable? [RJS 1988]
Certain terms of a deed inadmissible for want of registration are incorporated by reference in a subsequent deed which is registered. State whether the terms in the former deed incorporated in the subsequent deed can be read as part of it? [RJS 1986]

TIME OF PRESENTATION (Ss. 23-27)

Indicate various provisions relating to time of presentation of wills and presentation of Wills under Registration Act, 1903. [RJS 2016]

PLACE OF REGISTRATION (SS. 28-31)

Under what circumstance a document can be presented for registration under the Registration Act at the residence of the person executing it? [RJS 1988]

DELHI JUDICIAL SERVICES
REGISTRATION OF DOCUMENTS AND EFFECT OF REGISTRATION AND NON-REGISTRATION (S. 17, 18, 47-50)

Can a partition between Hindu coparceners be effected regarding immovable property without executing a registered document? [DJS 1999]
Are the following documents compulsorily registrable under section 17 of The Registration Act. (Section reproduced):
A, a wealthy childless industrialist owning immovable property worth lakhs of rupees executed an ADOPTION DEED, adopting B as a son, with a view to make B his heir after his death in respect of whole (including immovable) property.
A, in consideration of getting a loan of Rs. 10000/executes an AGREEMENT in favor of B, to mortgage all immovable property which A might own in future. [DJS 1973]
A, B, C and D own four houses at DELHI, execute a deed describing it as “Partition Deed” which defines and declares that every one of them have and had equal share in the said houses, without allotment of any specific house to anyone. Is the said deed compulsorily registrable? Give reason in support of your answer.
In case a deed is compulsorily registrable, is there title limit for registration and, if so, how much? [DJS 1976]
Can an unregistered award partitioning movable and immovable properties worth more than rupee one lakh, and creating a charge on one property be filed in court for being made a rule of the court under the Arbitration Act?

Can the award be admissible in evidence:

with respect to matters not compulsorily registrable?
for recovery of the amount for which charge was created?
for the purpose of explaining the nature of separate possessions resultant from the division of shares? [DJS 1979]
Answer the following:

An authority to adopt was registered by an unauthorised person and subsequently B was adopted. Later on finding the mistake the said authority was re-registered. Will it revalidate the adoption? [DJS 1980]

The only point in dispute before the court is whether the premises in dispute had been let out to the defendant for residential purpose as contended by the plaintiff or the same has been taken by him for commercial purposes, as contended by the defendant. The parties had admittedly executed an agreement in writing in which the purpose of letting is mentioned. The agreement, though it required registration, has not been registered. The plaintiff has produced the agreement in court for proving his case about the purpose of letting. The defendant has contended that the agreement cannot be admitted into evidence for determining the controversy. How will you decide? Give reasons. [DJS 1982]
The only question for determination is as to if the lease required registration under section 17 of the Indian Registration Act or not.

A had granted lease to B on the following terms: “Today, 1st January 1980, I have given shop on rent to B at a rental of Rs. 340/per month, rent shall not be raised nor lowered, nor shall I eject him. But in case of his refusal to pay the rent, I shall have the right to turn him out”. Decide and give reasons. [DJS 1989]

In a suit for partition of an immovable following document Ex. P. 12 was produced by a party to prove his right and title. It read:
“Today after the discussion it has been mutually agreed and decided that house ”rehaishi” (Residential) and the area towards it’s west which lying open i.e., the area on the back of rehaishi (residential) house has come to the share of Ch. Pooran.
House Baithak has come to the share of Ch. Soonda. The shortage in area as compared to the house rehaishi and open area referred to, will be made good to Ch. Soonda from the field and gitwar in the eastern side.
Rest of the area of the field and gitwar will be half and half of each of co-sharer. The area towards west will be given to Ch. Pooran and towards east will be given to Ch. Soonda.
Since house rehaishi has come to the share of Ch. Pooran, therefore, he will pay Rs. 3,000 to Ch. Soonda.

Sd/- Sd/-

Ch. Pooran Ch. Sonnda.

This document was not registered. The question is whether it required registration under section 17(1)(b) of Registration Act before it is read in evidence. Decide it with reasons. [DJS 1991]

A & B, two brothers purchased an evacuee property but the sale certificate was issued by the Rehabilitation Authorities in the name of ’A’ only. Later on, when some dispute arose between the two brothers regarding partition of the property the matter was referred to a private arbitrator with the consent of both the brothers. From evidence adduced before the arbitrator, he came to the conclusion that B had contributed equally towards the sale price, but A being elder, the sale certificate was got issued in his name only. Accordingly, he gave the Award declaring A 8: B have equal ownership rights. The Award was also made a rule of the Court by Civil Courts decree. However, A entered into an agreement to sale the entire house in favor of C, who filed a suit for specific performance of the agreement. On coming to know about the pendency of this suit, B got himself impleaded as a party thereto, claiming that he was owner of half share in the property and to that extent the agreement to sale executed by his brother is unenforceable, C contested this plea on the ground that B’s right in the property was created by the Award which was compulsorily registrable and since the Award was not so registered, B cannot claim any right thereunder.

Decide, whether B’s claim for half share in the property can be upheld on the basis of unregistered award. [DJS 1996]

A, the landlord filed an eviction petition against his tenant B under Rent Control Act. During the pendency of the eviction petition he also filed a suit for injunction seeking to restrain the tenant from carrying out any additions/alterations in the demised premises. In this suit, a compromise was arrived at. In terms of compromise, the landlord agreed to withdraw the eviction petition and also to carry out some additions/alterations to the satisfaction of tenant. The tenant agreed to enhance the rent and to vacate the premises after 10 years from the date of compromise. After the expiry of 10 years, when the Landlord applied for execution of compromise decree, the tenant opposed the same on the ground that the compromise amount to creation of a fresh tenancy involving enhancement of rent and enlargement of demised premises. It was contended that compromise deed was required to be registered both under section 17(1)(d) of Registration Act as well as under section 107 of T.P. Act and since it was not so registered, it remains unenforceable. Decide the plea of the tenant giving reasons for your decision. [DJS 1996]
A executed a gift deed in favor of his nephew (sister’s son) in respect of some agricultural land. His brothers B, C & D filed a suit challenging the gift made by A to his nephew on the ground that all the four brothers were members of coparceners could not make a gift of coparcenary property without the consent of other coparceners. In defence, A pleaded that a mutual partition had already taken place in July 1952 and the property in question had fallen to his share so he could validly gift it to his nephew. He relied on a list Ex. D, of the coparcenary properties which were mutually divided. The execution of Ex. D, was admitted by the plaintiffs but they contended that Ex. D, amounted to a partition deed which required compulsory registration under section 17 of Registration Act. Can Ex. D, be taken into consideration for ascertaining the intention and conduct of the parties as to the disruption of coparcenary? Decide the case giving reasons for your decision. [DJS 1996]
Examine whether the following documents require compulsory registration, giving reasons in support of your answers:
An adoption deed.
A will relating to ten shops and two flats in Defence Colony, New Delhi.
An agreement to sell a house in Friends Colony, New Delhi for Rs. 90 lakh. [DJS 1999, 2007]
Vide agreement to sell A agreed to sell her house to B for Rs. 20 lakh and received a sum of Rs. 10,000/as earnest money. B filed suit against ’A’ for specific performance on the ground that A had avoided to perform her part of agreement. In trial, A contended that receipt/agreement could not have been exhibited nor relied upon because it was not a registered document, as by this document parties created right, title and interest and passed on consideration regarding an immovable property, value of which was more than Rs. 100. Determine the contention and give your decision. [DJS 1999, 2007]
In 1975, a suit was filed for partition of movable and immovable properties. Parties were near relations, who claimed succession through common) ancestor. During trial in 1993, the parties filed application under Order XXIII Rule 3 C.P.C. seeking to pass decree in terms of family settlement Ex. C-1 and compromises Ex. C-2 and Ex. C-3. By this compromise, they had mutually settled and adjusted their rights and claims in the suit properties, had mutually relinquished rights in favor of each other and these contained mutual covenants transferring some of the properties inter se. Court accepted it and passed compromise decree on 25.08.1993. In 1995, three of the defendants filed application for setting aside that compromise decree and raised a legal objection that the decree passed on the basis of compromise affects several immovable properties; it required compulsory registration under section 17 of the Registration Act, 1908 and the decree not having been registered is void and unenforceable. This is disputed by the other parties. Deal with this objection and give your decision. [DJS 2000, 2007]
In 1985, Food Corporation of India invited offers from land-owners for construction of plinth and other facilities for storage purposes and after construction, to lease to FCI on rent for three years. B submitted offer. After negotiation, offer of B at negotiated rate was accepted and agreement dated 12.06.1986 was entered into giving details of terms on which B agreed to lease out plinths after construction under lease agreement to be executed between the parties in prescribed proforma. Time was essence of the agreement and in case of delay in construction of faulty workmanship, FCI was not bound to take plinths on lease. B borrowed loan from Bank and raised construction. FCI took possession on 24.01.87, but served notice of vacation on 26.09.1988. B filed suit for damages for breach of contract. Main defence of FCI is that in absence of registered lease deed the parties were not bound by the period of lease as the agreement was unenforceable and in absence of valid agreement, tenancy was month to month and liable to be terminated under section 106 of the T.P. Act and hence the plaintiff cannot claim damages. Question is whether or not agreement dated 12.06.1986 required compulsory registration under section 17 of the Registration Act and what is its effect? Decide giving reasons. [DJS 2000]
Which of the following documents are compulsorily required to be registered and why?
Document containing recital of a previous gift.
Assignment of share of partner in assets of a firm owning immovable properties.
Relinquishment deed.
Rent-note.
Document appointing a person as guardian of immovable properties of a minor. [DJS 2005]
Write short note on effect of non-registration of documents requiring compulsory registration under Registration Act, 1908. [DJS 2006]
Do the following documents require compulsory registration:
Will;
Lease Deed;
Adoption Deed.

What is the effect of non-registration of document which requires compulsory registration? [DJS 2006]

Fishery rights in Jalkar were settled with A for the years 1976-77 and 1977-78 at 1,65,000 per year. State Government made deposit of settlement fee of Rs. 1,65,000/- by A sine qua non to issue of order of settlement. A deposited that sum, but Was informed that Government had taken a decision that settlement for 1976-77 be done on additional condition of A depositing arrears of the previous that settlement for 1976-77 be done on additional condition of A depositing arrears of the previous year, failing which settlement be issued by highest bid. On 02.07.1976, A filed writ for direction to Government to execute lease in his favor for 1976-77 and 1977-78 and not to disturb his possession over fishery right in question during currency of term of lease. Writ is opposed inter alia on the ground that as settlement was not evidenced by a registered instrument, A had not right, title or interest, which could be enforced by him. The point to be decided is whether instrument granting right to catch fish in tank is compulsorily registerable instrument? Will it make any difference in case duration of lease was only nine months? [DJS 2000]
A has let out his shop to B at a rent of Rs. 100/per month in 2004. At the time of letting a document on requisite stamp paper is executed by B only recording the terms and conditions of letting. One of the terms is that B shall not change the shutter and the show window of the shop. In another clause it is mentioned that B has taken the shop on rent for a period of 11 months only. A, finding that B has made preparation for changing the shutter and show window of the shop instituted a suit for permanent injunction to restrain B from doing so. A in this regard relies upon the aforesaid document. B takes a plea that the aforesaid document being unregistered cannot be looked into by the court.

Decide the said application of B. Also comment as to whether the position would be different if the said document had been signed by both A and B. [DJS 2008]

‘S’ the sister of ‘B’ filed a suit for partition of properties left behind by their father, who had expired intestate. Their mother had predeceased their father and there was no other legal heir. The subject matter of the suit was two flats. One flat was at Dwarka and the other one was at Model Town. The flat at Model Town was much costlier than the flat at Dwarka. During the course of the proceedings in the suit, the parties arrived at a settlement whereby ’S’ was given the flat at Dwarka, while ’B’ became the exclusive owner of the flat at Model Town. In order to compensate ‘S’, ‘3’ also surrendered his rights in a small flat at Mayur Vihar in favor of ’S’. The flat at Mayur Vihar was owned by ’B’ and had been purchased by ‘8’ out of his own earnings. Decide, as to whether such a decree shall require registration under the Registration Act? [DJS 2011]
The owner of certain premises let it out to tenant for a period of five years. The parties executed a lease deed, which was not registered. One of the terms of the said lease deed permitted the tenant to sub let the premises to his friend Mr. ’X’, if the tenant so desired, without the prior consent of the landlord. The tenant sub let the premises to his friend Mr. ’X’ without taking prior permission of the landlord, on which the landlord filed a petition for eviction of the tenant on the ground that the tenant had sub let the premises without his consent and thus the tenant had incurred the liability of eviction under Section 14(1) proviso (b) of the Delhi Rent Control Act, 1958. The tenant contends that in view of the term of the lease as stated above, he (tenant) was well within his rights to sublet the premises. The landlord on the other hand contends that the lease deed having not been registered cannot be looked into. The tenant replies that the clause permitting the subletting, by itself, did not require compulsory registration. Thus, though the lease deed cannot be, looked into for determining the period of the lease between the parties, the same can certainly be looked into for the limited purpose of establishing the authority of the tenant to sub let the premises. Decide. [DJS 2011]
‘A’ sold a house to ‘B’ for a sum of Rs. 1,00,000/on 3.3.2011. ’A’ retained the possession of the house. On 7.3.2011, ‘A’ again sold the same house to ‘C’ for a sum of Rs. 2,00,000/-. ‘C’ was aware of the earlier sale deed between ‘A’ and ‘B’. The sale deed in favor of ‘C’ was got registered on the same day and ’C’ was also given the physical possession of the house. The sale deed in favor of ’B’ was got registered on 10.4.2011. ’B’ thereafter filed a suit for recovery of possession of the house against ‘A’ and ‘C’. Decide. [DJS 2011]
Write short note on Documents compulsorily or optionally registrable [DJS 2014]
L filed a suit for declaration and injunction against M claiming that under a family settlement he was given a plot of agricultural land and residential house, both part of ancestral property. He was in possession of both the land as well as the residential house. However, now M is refusing to admit the claim of L to the agricultural land and the residential house negating the family settlement and is threatening to dispossess L, both from agricultural land and residential house.

On service of summons, M appeared and filed his written statement admitting the entire claim set up by L and gave a statement before the court that a consent decree in favor of L may be passed in terms of relief claimed by him. The suit was accordingly decreed vide judgment dated 24.11.80 in favor of L.

Thereafter another suit was filed by N, son of M, claiming that judgment and the decree dated 24.11.80 was obtained by L and M in collusion with each other and that there Was no family settlement whatsoever. The agricultural land and residential house being ancestral property, M could not have gifted the same to L. Further, the decree dated 24.11.80 amounted to gift of suit property by M to L and could have been made only through a duly stamped and registered document. The decree being neither registered nor stamped could not be acted upon.

During trial, it was proved that there was no family settlement, wherein the agricultural land and residential house were given to L and that the suit property, i.e., agricultural land and house were part of self acquired property of M.

Decide the suit filed by N in view of plea raised by him that the decree passed vide Judgment dated 24.11.80 not being registered and stamped, could not be acted upon. [DJS 2015]

A as guardian/father of B entered into an oral agreement with C for sale of his house/suit property on 28.02.06 for a sum of Rs. 1,80,000/-. Sale deed was agreed to be executed and registered on the same day. C purchased the stamp papers, paid the entire sale consideration and was handed over possession of the suit property by A and B on the same day. They also executed the sale deed in favor of C, Which was taken to office of Sub Registrar on the same day i.e. 28.02.06. The sale deed, however, could not be registered. It is the plea of C that Sub Registrar informed them that there was an order of attachment against the suit property and that A and B had promised C that they will get the attachment removed and get the sale deed registered at the earliest. On failure of A and B to get the sale deed registered, C issued a legal notice to A and B on 05.02.07, whereafter A and B tried to dispossess C from the suit property.

C filed a suit seeking direction to A and B to execute fresh sale deed and prayed for relief of permanent injunction restraining A and B from disturbing possession of C.

In defence, A and B claimed that they had taken a loan of Rs. 1,75,000/from C and had executed an agreement to sell (not sale deed) in favor of C on her insistence. C had fraudulently got prepared sale deed and therefore A and B had refused to get it registered.

In evidence, C tendered the unregistered sale deed in support of her case, which was refused to be admitted in evidence by trial court on the ground that it was an unregistered document.

C challenged the order invoking Section 49 of The Registration Act, 1908.

Decide whether the sale deed could have been admitted in evidence or not. [DJS 2015]

A sells a piece of land for 99/to B on 4th January, 1973 to means of an unregistered sale-deed. On 5th February 1974 he (A) sold the same very land to C by means of a registered sale-deed. Who out of B and C shall be owner of the aforesaid land? [DJS 1976]
Answer the following:
Does a family arrangement, the terms of which are reduced in writing require compulsory registration and whether a memorandum prepared after family arrangement which had already been made for the purpose of record also require compulsory registration?
Does a deed purporting to be a gift of return of worship as a Shebiat-cum-pujari in a Hindu temple require compulsory registration? [DJS 1980]
A lease deed is signed and executed on 04.07.1989. It is presented for registration on 06.11.1989. Can it be registered? [DJS 1999]
Owner of a house executed an agreement of sale with ‘A’ on 5th December 1953, which was registered on 3rd July 1954. In the meantime on 5th May 1954 the said owner sold the same property by a registered deed to ’B’. Disputes arose between A and B. B claimed that he is the owner by virtue of the earlier registered sale deed. Will you accept the plea of B? Support you answers with reasons. [DJS 1984]
A filed a petition for eviction against B on the ground that B who is a tenant has sublet the premises to C without the consent in writing of the landlord A. B relied upon an unregistered agreement of tenancy, whereby he was permitted to sub-let the premises by A. A did not dispute the execution of the agreement but urged that it was an un-registered document and therefore, it could not be looked into for any purpose. Decide and give reasons. [DJS 1984]
A mortgaged her land to B. She died without leaving a heir and her property went to State by escheat. State through Collector allotted the land to C, who deposited the mortgage money in terms of allotment letter. Collector then issued letter of possession. B filed an injunction suit and after obtaining an ad interim injunction took possession of the land. C then filed suit for possession of the land. B questioned his title and pleaded that title conveyance deed in favor of C has not been registered. Decide the suit. [DJS 1990]
Two brothers were having immovable properties and business in U.S.A. and India. Both have equal shares. Differences arose and they decided to divide and distribute their jointly held assets. They entered into agreement and appointed their elder brother as sole arbitrator. During pendency of the arbitration proceedings, in U.S.A., parties settled their differences by entering into detailed agreement. They got their respective package of properties and agreed to execute transfer and closing documents to give effect thereto. Accordingly award was made and was confirmed by Court in U.S.A. One of the said two brothers applied to Bombay High Court for enforcement of the Award. High Court after contest ordered the Award to be filed and pronounced judgment according to Award. The other brothers has filed appeal against it inter-alia on the ground that award which declares rights to parties in respect of immovable properties was compulsorily required to be registered under the provision of the Registration Act, 1908 and since the award was not registered, the impugned judgment and decree passed which are in terms of the said unregistered award are to be set aside. This is opposed on the ground that award did not require registration as it merely created right to obtain another document and rather divides equally business and properties between them; and Award has already merged in judgment and when decree is passed by Court, it does not require registration. Discuss the merits of their respective and decide the appeal. [DJS 1999]
B transfers a house worth Rs. 1,00,000/to M by means of a registered instrument. The deed of conveyance is dated 1st July, 1987. The deed is presented for registration on 1st October, 1987. The registration is made by Registrar only on 2lst January, 1988 after receiving certificate under section 230A of the Income Tax Act, 1961. On what day M becomes the owner of the house?
‘A’ and ‘B’ entered into partnership business of retail sale of books on various subjects. ’A’ was having a shop at Chandi Chowk which was made the common property of the firm. ‘B’ invested substantial amount of cash for purchasing the books from various publishers and other purposes relating to the business. The partnership continued for some months. There was a dispute between the two partners and thus the partnership was got dissolved through a dissolution deed, whereby ‘B’ was given the exclusive rights of the shop while ‘A’ received the total amount lying in the bank account of the partnership firm along with the unsold books lying with the firm on the date of the transfer. ‘A’ then filed a suit for dissolution of partnership and accounts, wherein he contends that since the partnership assets included immovable property, namely, the shop and the dissolution deed recorded relinquishment by ‘B’ of his interests in the shop, this document was compulsorily registrable under Section 17(1)(c) of the Registration Act. Since the dissolution deed was not got registered it was inadmissible in evidence to prove the dissolution of the partnership, settlement of accounts and ownership of the shop. Decide.

TIME OF PRESENTATION (Ss. 23-27)

A purchased a plot from NOIDA. Sale deed was signed by the vendee and attesting witnesses on 26.12.84 and by the Administrator of NOIDA on 14.02.85. The deed was not presented for registration as it was not executed “for and on behalf of Governor of U.P”. The Administrator himself had no right, title or interest in the property to convey to the vendee. On 01.07.86 Administrator added words “on behalf of Governor of U.P.” under his signature. When presented, Sub-Registrar refused the deed on the ground that it was not presented for registration “within four months from the date of its execution” as required by section 23 of the Registration Act. Do you agree with him? Decide and give reasons. [DJS 1990]
An award about partition of a house was made and signed by the Arbitrator on 28.11.1977 in a civil proceeding instituted by one of the claimants the civil Court directed the Arbitrator to file the award and it was filed in the Court on 28.01.1978. On 26.07.1978 the Court ordered ad interim injunction on the parties and arbitrator to maintain status quo. Arbitrator moved the Court for return of the award for it required to be registered within 4 months of its signing. Request was declined in view of temporary injunction order. Injunction order was vacated on 20.12.1982 and award was actually returned to the Arbitrator on 25.11.1983. Sub-Registrar registered it. One of the claimant objects to it. He says that sections 23 and 25 of Registration Act read together allow registration, at most within 8 months of the execution of the document and registration beyond that period will be void.

Was Sub-registrar right in registering the document? Give reasons in support of your view. [DJS 1991]

On 8th August, 2005, a final decree of partition was passed and decree sheet was ordered to be drawn up. The court thereafter called upon the parties to file the valuation report from Government approved values so that stamp duty for drawing up the decree could be calculated. The court being not satisfied with the valuation report filed by the parties issued notice to the Chief Controlling Authority of the city for furnishing the valuation of the property. The valuation report was received in January, 2008 which was accepted by the court and the parties were asked to deposit the stamp papers in accordance with the valuation in the said report. Upon the deposit of stamp papers the decree was drawn up in March, 2008. However, in accordance with Order 20 Rule 7 of the CPC, the decree though drawn up in March, 2008 before the date of the judgment i.e. 8th August, 2005. One of the parties applied for release of the original decree for enabling its registration. The decree was finally delivered to that party on 3rd May, 2008 and the parties presented the decree for registration on 20th June, 2008. The Registrar refused to register the same since the decree bore the date of 8th August, 2005 and the presentation was beyond four months of the said date. The party thereafter applied to the court for directions to be issued to the Sub Registrar to register the decree.

Decide the said application [DJS 2008]

Write short note on Time for registration and delay [DJS 2014]

DUTIES AND POWERS OF REGISTERING OFFICERS (Ss. 51-70)

How far the certificate of registration endorsed on a document in accordance with the provisions of section 60, Registration Act, 1908 can help towards the proof of execution of such a document? Give reasons. [DJS 1971]

PRESENTING DOCUMENT FOR REGISTRATION (Ss. 32-35)

A executed a sale document outside India on 02.01.1994. He come to India on 06.06.1994 and presented the document for registration. Would the Registrar accept the document? [DJS 1999]

PLACE OF REGISTRATION (SS. 28-31)

In whose office a sale-deed of a house situated at Gurgaon can be got registered? Can it be got registered at Delhi?

Schedule: Section 13 C.P.C., 33, 90 Evidence Act, were reproduced in paper. [DJS 1976]

REFUSAL TO REGISTER (SS. 7 1-77)

A became absolute owner of certain ’Inam land’ under a certificate issued by the Revenue officer, (RDO). Asstt. Endowment Commissioner (AEC) objected to it by a letter to the District Collector, who, treating it to be an appeal, suspended the order to RDO pending disposal of appeal. A filed suit for declaring order of the Collector null and void and for permanent injunction restraining the Collector and ABC from enforcing it and obtained interim injunction order. A sold the land and executed a sale deed in favor of B. When the sale deed was presented for registration Sub Registrar kept pending on the written request of AEC in view of the pending civil suit. A and B are aggrieved and challenged the action of the Sub Registrar before you. Decide whether Sub Registrar can refuse or keep this sale deed pending for registration. [DJS 1991]
A filed suit against B for specific performance seeking direction to register sale deed Ex. A6 and for injunction or possession of immovable property alleging that B duly executed sale deed in his favor for consideration of Rs. 3,200/-, but did not get it registered thereafter. B says that he signed it as a result of fraud and misrepresentation by A, who took advantage of his illiteracy and that he had agreed to sell suit land to A for Rs. 16,000/-. Trial Court dismissed the suit on the ground that A had to avail of remedy under section 77 of the Registration Act. In appeal, suit was decreed holding that section 77 will not come in the way. B filed second appeal on the ground that section 77 of the Registration Act is a complete code in itself providing for enforcement of right to get a document registered and Court cannot direct registration of document after expiry of period mentioned in the Act and that Ex. A6 is sale deed and being unregistered, a decree for specific performance based on the same could not be granted and that sale consideration was Rs. 16,000/and not Rs. 3,200/as written in that document. Decide [DJS 2000]

THE FEES FOR REGISTRATION, SEARCHES AND COPIES (SS. 78-80)

A obtained a loan from a bank. Bank asked A to furnish security. A accordingly executed a mortgage deed in favor of bank. The mortgage deed was duly registered before the Sub-Register. Later on the Sub-Registrar realized that the mortgage deed was deficiently stamped, deficiency being to the tune of Rs. 29,000/-. The Sub-Registrar issued a notice to A calling upon him to pay the deficient Court fee. A challenged the said notice before High Court in a writ petition contending that after registration the sub-registrar became functus officio. So no such notice asking him to make up the deficiency in Court fee could be issued by the Sub-Registrar. How would you deal with this plea of the petitioner. [DJS 1996]

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