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Saturday, November 16, 2013

Sec.35,49 of Indian stamp Act and sec.17 of Indian Registration Act = An unregistered sale deed can be received in evidence on payment of stamp duty and penalty for collateral purpose = PETITIONER RESPONDENT S. PRAKASH VS D SUBBALAKSHMI & 8 OTHERS = published in http://hc.ap.nic.in/csis/MainInfo.jsp?mtype=CRP&mno=2369&year=2013

Sec.35,49 of Indian stamp Act and sec.17 of Indian Registration Act = An unregistered sale deed can be received in evidence on payment of stamp duty and penalty for collateral purpose =  


There cannot be any dispute that the document pertaining to sale of immovable property, whose value is more than Rs.100/- requires registration under Section 17 of the Registration Act, 1908 (for short ‘the Registration Act’).  But, Section 17 of the Registration Act is subject to Section 49 of the Registration Act, which reads that even an unregistered document can be received as evidence for collateral purpose. Again Section 49 of the Registration Act is subject to Section 35 of the Indian Stamp Act, 1899, which says  that unless stamp duty and penalty is paid, no document can be received as evidence for any purpose. Therefore, the document, Ex.A9-unregistered sale deed, dated 12-05-2000 can be received as evidence subject to Sections 49 of the Registration Act and 35 of the Indian Stamp Act, 1899 and further subject to proof, relevancy and admissibility that may be raised by the petitioner herein (1stdefendant) during the trial of the suit.

CRP 2369 / 2013

CRPSR 13471 / 2013
PETITIONERRESPONDENT
S. PRAKASH  VSD SUBBALAKSHMI & 8 OTHERS
PET.ADV. : JANARDHAN RAORESP.ADV. : 
SUBJECT: ARTICLE 227DISTRICT:  CHITTOOR

THE HON’BLE SRI JUSTICE K.C.BHANU

 

CIVIL REVISION PETITION NO.2369 OF 2013


ORDER:

 This Revision is directed for marking the document-Ex.A9, which is unregistered sale deed, dated 12-05-2000 said to have been executed by one Armugam in favour of Subba Lakshmi (1st plaintiff in O.S.No.4 of 2010) by the Senior Civil Judge, Srikalahasti.

2. There cannot be any dispute that the document pertaining to sale of immovable property, whose value is more than Rs.100/- requires registration under Section 17 of the Registration Act, 1908 (for short ‘the Registration Act’).  But, Section 17 of the Registration Act is subject to Section 49 of the Registration Act, which reads that even an unregistered document can be received as evidence for collateral purpose. Again Section 49 of the Registration Act is subject to Section 35 of the Indian Stamp Act, 1899, which says  that unless stamp duty and penalty is paid, no document can be received as evidence for any purpose. Therefore, the document, Ex.A9-unregistered sale deed, dated 12-05-2000 can be received as evidence subject to Sections 49 of the Registration Act and 35 of the Indian Stamp Act, 1899 and further subject to proof, relevancy and admissibility that may be raised by the petitioner herein (1stdefendant) during the trial of the suit.

3.  With the above direction, the Civil Revision Petition is disposed of. No costs. Miscellaneous petitions, if any pending in this Civil Revision Petition shall stand closed.

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JUSTICE K.C.BHANU

DATED: 12-07-2013
Hsd

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