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1 - 7 of 7 (0.18 seconds)Cherichi vs Ittianam on 6 December, 2000
Title will not pass until the sale deed is registered
(vide Cherichi v. Ittianam AIR 2001 Ker 184). Admittedly,
Rev.Paul Sandegren had not executed any registered sale deed in
favour of the plaintiff Foundation. “Gift” is another mode. Section
122 defines “Gift' and Section 123 states that the transfer by Gift
must be effected by a registered instrument signed by or on behalf
of the donor and attested by at least two witnesses. In this case, no
such gift deed has been executed by Rev.Paul Sandegren.
Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr on 15 December, 2003
14.The revenue documents stood only in the name of
Rev.Paul Sandegren. The contesting defendants admittedly were in
possession of the suit property and that is why, the plaintiff sought
recovery of possession. The suit could have been decreed only if
the plaintiff had established superior title. Otherwise, the person
in possession is entitled to continue in possession [vide Rame
Gowda vs. Varadapa Naidu (2004) 1 SCC 769]. The contesting
defendants claim title based on a Will said to have been executed
by Rev.Paul Sandegren. The Will had been probated. The
endeavour of the plaintiff to revoke the same was in vain. Of
course, the attempt of the plaintiff was negatived only on the
ground that they had no caveatable interest. If according to the
plaintiff, the property was theirs, then, they need not bother if
Rev.Paul Sandegren had executed a Will in favour of the contesting
defendants bequeathing the property. Yet, the defence of the
appellants is not upheld on the strength of the so called Will. On
the other hand, I rest my decision only on the ground that the
plaintiff Foundation has not established a superior title.
https://www.mhc.tn.gov.in/judis/
Godhan Son Of Pola And Others vs Ram Bilas Son Of Mahesh on 11 April, 1994
It does not, of itself, create any interest in or charge
on such property.”
The provision clearly states that sale in the case of immovable
property can be made only by a registered instrument. The
expression “only” is significant (vide Godhan v. Ram Bilas, AIR
1995 All 357).
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
Section 122 in The Transfer Of Property Act, 1882 [Entire Act]
Section 5 in The Transfer Of Property Act, 1882 [Entire Act]
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