judgment on section 49 of registration act

PDF Chapter 62 Recognition, Registration and Enforcement of Foreign It was contended by the respondent that the Khararunama required registration under section 17(1)(b) of the Registration Act, 1908 and under the said settlement, appellants ought to pay certain sum to the respondent. Opining that unregistered document can be used as evidence of any collateral transaction, the Bench stated, however, the said collateral transaction should not itself be one which must be affected by a registered document. This Court repelled the case of the plaintiffs and held as follows in Kirpal Kaur (supra): "15. 49. Section 49(c) of Registration Act prohibits the admitting of compulsorily registrable documents which are unregistered as evidence of any transaction affecting immovable property unless it has been registered. If the Recast Brussels Regulation does not apply, a judgment creditor must first apply to court to register the foreign judgment (see, Under the statutory regime, the foreign judgment must be registered in the UK, after which it can be enforced in the same way as a UK judgment. Brussels Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1968 (Brussels Convention). This resource is periodically updated for necessary changes due to legal, market, or practice developments. (supra). If there is a challenge, the enforcing court can stay enforcement proceedings or impose conditions on enforcement. O. MAHANTESHA S/O NIRANJANA v. THE CHIEF OFFICER 74.48 Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court. 15. Evidently, there was a partition between the appellants, the respondent and their other siblings. In K. Panchapagesa Ayyar v. K. Kalyanasundaram Ayyar, 1956 SCC OnLine Mad 141, the Madras High Court was of the view: To sum up it is well settled in a long series of decisions which have since received statutory recognition by the Amending Act of 1929 (vide the concluding words of the new proviso to Section 49 of the Registration Act) that a compulsorily registrable but an unregistered document is admissible in evidence for a collateral purpose that is to say, for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. Back to top. 32. (2) A judgment creditor making an application under the 1982 Actmay not be required to give security solely on the ground that he is resident out of the jurisdiction. Section 35 of the Stamp Act is distinct and different from Section 49 of the Registration Act in regard to an unregistered document. Nidhi Singh elaborates on meticulous effort, rationale approach and innovation needed for legal excellence, In conversation with Faizal Latheef on counsel practice and legal opportunities in the Middle East, Kerala High Court bats for safe sex education in schools and colleges. The granting of worldwide freezing orders or receivership orders can be pivotal in an international enforcement strategy. The Q&A gives a structured overview of key practical issues concerning enforcement of judgments in this jurisdiction, including the legal framework; international conventions/agreements; enforceable judgments and awards; procedure for enforcement; challenging enforcement; foreign judgments; methods of enforcement; interim remedies and interest; and any reform proposals. the documents of which registration is necessary under the Transfer of Property Act but not under the Registration Ac. whether the document dated 9-9-1994, which was inadmissible in evidence, could have been used for any collateral purpose. Overseas judgments given against states, etc. It is an obligation upon the registered person to maintain necessary books of accounts for the relevant period and to file the correct return on that basis. Girija Nandan Singh And Ors. vs Girdhari Singh And Ors. on 27 March, 1950 Bringing you the Best Analytical Legal News, If the Khararunama by itself, does not affect immovable property there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.. Under section 9(2)(e) of this Act, if an appeal is pending or is intended to be lodged, the judgment cannot be registered. The next question before the Bench was whether the Khararunama by itself affects, i.e., by itself creates, declares, limits or extinguishes rights in the immovable properties in question or whether it merely refers to what the appellants alleged were past transactions which had been entered into by the parties, the Bench answered, going by the words used in the document, they indicate that the words were intended to refer to the arrangements allegedly which the parties made in the past and the document did not purport to by itself create, declare, assign, extinguish or limit right in properties. 34. 25. Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation). It is the further case of the appellants that in December, 1993, respondent and his wife informed the appellants that they would vacate the portion in the second appellant's house and leave the same but defendants should pay some more money as they intended to vacate the property. Ltd. All rights reserved. Can an unregistered document be used to protect the - Lexology Jury finds Donald Trump guilty in sexual abuse case, Doctor stabbed to death: Know what the High Court said on Kerala doctor killed by accused, What is precedent: Obiter Dicta and Ratio Decidendi explained, Family includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into popular imagination of a family: SC, Guj HC | Mere apology may be no reason to an act, utterance or publication of contempt which scandalize the majesty of Court; Advocate Yatin Ozas unconditional apology rejected [Full Report], SL SC | Acts causing loss to State property especially at their institution cannot be pardoned or condoned; Reduction of sentence refused. Thereafter, we may notice the view of this Court in paragraph-13 as under: "13. (2) Partition lists which are mere records of a previously completed partition between the parties, will be admitted in evidence even though they are unregistered, to prove the fact of partition: See Mulla's Registration Act, 8th Edn., pp. It is usually possible to have such an application decided within one or two weeks. The question arose as to whether the settlement was admissible. This covers, in effect, the enforcement in England and Wales of judgments from certain dependent territories of EU member states, such as Aruba. This Kharurunama is executed for record purpose and for remembrance purpose. Try out our Premium Member services -- Free for one month. If it were collateral transaction, then an unregistered document can indeed be used as evidence to prove the same. It is further submitted that the respondent as PW1 has admitted his signature on the receipt dated 08.12.1993 marked as (B4). Under this Act, a foreign judgment is deemed to be final and conclusive although it may be subject to a pending or intended appeal in the foreign court (section 1(3)). As per Section 49(1) (a), a compulsorily registrable document, which is not registered, cannot produce any effect on the rights in immovable property by way of creation, declaration, assignment, limiting or extinguishment. Satyanarayana Natarajan A pending appeal is not a ground on which enforcement can be refused if the judgment is already enforceable in the state in which it was granted. Can a document be registered after eight months of execution? 74.46 A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure. Where either the European or the statutory regime applies, the copy of the judgment must be authenticated. The plaintiff's case is that earlier partition took place in the lifetime of the father of the parties on 25-10-1992 which was recorded as memorandum of family settlement on 9-9-1994. If a judgment debtor makes an application to set aside the judgment, the High Court or Court of Appeal can stay the execution of the judgment (section 49(3), Senior Courts Act 1981). v. Vittala M.N., (2016) 8 SCC 705] even without registration a written document of family settlement/family arrangement can be used as corroborative evidence as explaining the arrangement made thereunder and conduct of the parties. On 14-02-2008, Tara Devi -the defendant no. 1 executed an by 10 - JSTOR Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any In the very same Judgment, we notice the following discussion: "The other consequence of non-registration is to prohibit the document from being received not "in" evidence, but "as" evidence of any transaction affecting such property. All the contents of this document are read over and explained to all of us and we have willfully agreed the contents on our volition. Pursuant to some disputes between the parties a Khararunama dated 15-04-1986 was executed recording the facts. 9. 285, Duraisani had got into possession only after the petition and claimed to retain possession only under the gift mentioned in it. There does not need to be any other connection with the contracting state named in the agreement. We may also usefully refer to the views expressed by the Division Bench of the Madras High Court in K. Panchapagesa Ayyar and Ors. v. Vittala M.N. Ltd. and do not constitute legal advice. 32. No doubt, when there has been a partition, then, there may be no scope for invoking the concept of antecedent right as such, which is inapposite after a disruption in the joint family status and what is more an outright partition by metes and bounds. B-21 and B-22 are not admissible in evidence for the purpose of proving primary purpose of partition.". (2) An application under section 2 of the Act of 1933(c) (application for registration of a foreign judgment) shall be made by petition. The High Court has rightly held that the said document cannot be said to be a will, so that the father could have made the will in favour of his two sons, the plaintiff and the defendant. All that is necessary is that the parties must be related to one another in some way and have a possible claim to the property or a claim or even a semblance of a claim on some other ground as, say affection.". An attempt to derive support from the said judgment was refused on a different set of facts by this court in Kirpal Kaur v. Bachan Singh and Ors.11. If a judgment debtor makes an application to set aside the judgment, the High Court or Court of Appeal can stay the execution of the judgment (section 49(3), Senior Courts Act 1981). 10. (1) This Section provides rules about applications under . 2. 3 of us gave away his undivided 1/3rd in favour of Nos. Now we may refer to section 49 of the Registration Act, which is as under: 49. (3) An application under this rule must include a copy of the Article 14 certificate issued in the other Member State. (See end of Document for details) (b) provide for the application of that subsection to be subject, in the case of charges of a description so specified, to compliance with such conditions as may be so specified. Even if one of the parties to the settlement has no title but under the arrangement the other party relinquishes all its claims or titles in favour of such a person and acknowledges him to be the sole owner, then the antecedent title must be assumed and the family arrangement will be upheld and the courts will find no difficulty in giving assent to the same; (6) Even if bona fide disputes, present or possible, which may not involve legal claims are settled by a bona fide family arrangement which is fair and equitable the family arrangement is final and binding on the parties to the settlement.". Registration Acts - Judgements For foreign judgments, the documents and information to be provided varies depending on the applicable regime. Would possession being enjoyed or the nature of the possession on the basis of the unregistered document, be a transaction and further would it be a collateral transaction? By the impugned judgment the High Court has found that in the absence of registration and not being stamped the documents were inadmissible. What is required under Section 17 ( 1A) of the Registration Act, 1908 is compulsory .performance of contract on two deeds dated 24.01.2000 and one dated 25.06.2000. There is no requirement for judgments of the English courts to be in local currency. It is lastly contended that even if the family settlement Khararunama is required to be registered, in view of the fact that without registration written document of family settlement/arrangement could be used as corroborative evidence as explaining the arrangement made thereunder and the conduct of the parties, the order of the High Court is infirm. 3 of us and we are enjoying those properties. On the pleading of respondent and his wife to permit them to stay on, the respondent was permitted to occupy the property. Why Gujarat Judges Promotion Stayed by Supreme Court? It is, inter alia, his case in the suit as amended by order dated 19.12.2012 that he was in hospital as in patient for treatment of his liver ailment. 3 of us previously and No. Section 49, Land Registration Act 2002 Practical Law Primary Source 3-513-4192 (Approx. The required information will include the relevant: Under the statutory, Hague Choice of Court Convention and common law regimes, the information that must be provided is the information necessary for satisfying the court that the requirements for enforcement are met (that is, primarily procedural information about the conduct of the proceedings leading to the judgment). (The UK considers that it has been a party to the convention continuously since 1 October 2015 for the purposes of the application of the convention.) Karnataka High Court Smt Jayamma vs The State Of Karnataka on 24 January, 2020 Author: S.N. 34. "instrument" is not defined in Registration Act, but is defined in the Indian Stamp Act, 1899 by Section 2(14). It also includes an award from another tribunal where the court has registered or given permission for it to be enforced as a judgment or order of the court (English Civil Procedure Rules (CPR) 70.1(2)(c)). (2) No steps may be taken to enforce the judgment, (a) before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or. (2) The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating . Any unregistered document cannot be looked into by the court and be relied upon on or taken into evidence in view of Section 17(1A) read with Section 49 of the Registration Act. Learn how your comment data is processed. All rights reserved. 14. Section 49 of Registration Act - Effect of non-registration of 1 to 3 of us have been enjoying the properties as mentioned above with absolute rights. (1) The proprietor of a registered charge may make a further advance on the security of the charge ranking in priority to a subsequent charge if he has not received from the subsequent chargee notice of the creation of the subsequent charge. This Court has summed up the essentials of the family settlement in the following proposition: "10. Where there are clearly defined assets located in the jurisdiction, or the defendant is resident in the jurisdiction, this should be clear. I find no error in the impugned order to warrant interference. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The various statutory regimes for the recognition of judgments in place in the majority of Commonwealth territories, including: Various other bilateral and multilateral conventions provide for the reciprocal recognition or enforcement of judgments with countries including (but not limited to): The enforcement of domestic judgments can take the form of a number of different procedures, which are governed by various statutes, procedural rules and common law, including, in particular, Parts 70 to 73, 81, 83, 84, 85 and 89 of the CPR. Two propositions must therefore flow: (1) A partition may be effected orally; but if it is subsequently reduced into a form of a document and that document purports by itself to effect a division and embodies all the terms of bargain, it will be necessary to register it. (2) If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person. A collateral transaction is not the transaction affecting the immovable property, but a transaction which is incidentally connected with that transaction. The rate of interest on judgment debts since April 1993 has been 8% (simple, not compounded). Ltd. and do not constitute legal advice. 6141 of 2021 arising out of S.L.P. Enforcement of a domestic judgment is made by an application to the court. Vs. Korukonda Annapurna Sampath Kumar, [Civil Appeal No(s). Undoubtedly, Section 17(1)(b) makes other non-testamentary instruments, which purport or operate to create, assign, limit or extinguish whether in present or in future any right or interest whether vested or contingent of the value of Rs.100/- and upwards in an immovable property compulsorily registrable. A person should not be permitted to establish indirectly by use of the document what he is prevented from doing directly under Clause (a).". (1) An appeal against the granting or the refusal of registration under the 1982 Act must be made in accordance with Part 52, subject to the following provisions of this rule. Know all about E-Challans -Definition, Filing, Procedure, etc. Though it was stated in para 7 of the judgment that the observations in para 6 were not dispositive, still they have precedential value, therefore, . 1 and 2 of us. The plaintiff claimed the document dated 9-9-1994 as memorandum of family settlement. Under the common law regime, the foreign court must be regarded by the law as a court of competent jurisdiction. Nadava way is being enjoyed by all of us jointly. If the common law regime applies, the process takes longer. v. Subba Reddiar9. However, the Foreign Judgments (Reciprocal Enforcement) Act specifically allows enforcement of interim payment orders. The only question which needs to be considered in the present case is as to whether document dated 9-9-1994 could have been accepted by the trial court in evidence or the trial court has rightly held the said document inadmissible. A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but sub-section(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or The emphasis on the word "as" was, in my opinion, rightly laid by Venkatasubba Rao J. in Saraswathamma v. Paddayya, 46 Mad. So also the Panch Faisla Exh. However, according to him, the same was not reduced in writing. As far as stamp duty was concerned, the Bench was of the view that since the Khararunama was a mere record of past transaction it did not require to be stamped. However, a claim based on a foreign judgment can usually be disposed of by an expedited "summary judgment" procedure, rather than going to full trial, since the court will not look to re-open the substance of the dispute. Section 49(a) of the Registration Act declares that an unregistered document which is compulsorily registrable cannot 'affect' any immovable property comprised therein. The specific information required in the application form varies depending on the precise remedy sought, but should generally include: The value of the judgment debt still outstanding. The rules giving exclusive jurisdiction to a particular member state where the proceedings involve matters such as: entries in public registers or the validity of certain IP rights. Registration of judgments under the Act of 1920 or 1933. . We have been enjoying the remaining properties fallen to us as per partition list dated 17-11-1980 which are not mentioned in this document. 5. We and our brothers divided family properties and executed partition list dated 17-11-1980. other cause. Judgments relating to the following matters are generally enforceable between EU member states but are subject to different enforcement regimes: The statutory and common law regimes only cover money judgments. Per contra, apart from reiterating his case about the appellants obtaining his signature on blank papers and subsequently utilizing them for the family settlement, it is contended that family settlement Khararunama dated 15.04.1986 required registration under section 17(1)(b) of the Registration Act, 1908. Effect of non-registration of documents required to be registered.-No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall-, (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 54 [Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 55, 56 [***] or as evidence of any collateral transaction not required to be effected by registered instrument.] 3. (5) Written evidence in support of an application under the 1982 Act must also exhibit . Norwich Pharmacal proceedings in the Jersey appellate courts. (a) documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served; (b) in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and. There are more than one reasons due to which we are of the view that the document dated 9-9-1994 was not mere memorandum of family settlement, rather a family settlement itself. The registration of a document does not grant title to the property described in the document, but it does offer evidence of such transactions, which can be used to establish title to the property. However, under the European regime, this will be construed particularly narrowly (. No document required by section 17 1 [or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registered shall (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless .
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