Tilak Jain vs Bala Saheb Deceased Thr Lrs Uday Shinde on 6 September, 2019
Thus, the learned trial Court has
committed an error in not taking over the unregistered document in his
9
THE HIGH COURT OF MADHYA PRADESH
M.P. No.1213/2018
(Tilak Jain vs. Bala Saheb deceased through LRs. and Ors.)
custody and sending it to the Collector of stamps for impounding
purpose rather has rejected the application. The documents should
have been taken into custody by the learned trial Court and should
have been sent to the Collector of stamps. To the aforesaid aspect there
is an illegality committed by the trial Court and the order impugned is
unsustainable and is hereby set aside. The learned trial Court is
directed to comply with the provisions of Indian Stamp Act and the
Registration Act and take the unregistered document in its custody and
send it to the Collector of Stamps for impounding as per the provisions
provided under the Registration Act and the Stamp Act. Once the
document is properly registered only thereafter the same can be
marked as an exhibit in the trial or else the document can only be used
for a collateral purposes.