instrument. A collateral transaction is not
the transaction affecting the immovable property, but a
transaction which is incidentally connected with that transaction.
The question ... Registration Act does
not speak of collateral purpose but of collateral transaction i.e.,
one collateral to the transaction affecting immovable property by
reason
ancillary
transaction to a principal transaction or subsidiary transaction to
a main transaction. The root meaning of the word collateral is
running together or running ... what may be called a collateral
purpose. The fulfilment of that collateral purpose would bring into
existence a collateral transaction, which may be said
Ajay Kumar M. Singh vs Mr. Basant Bhoruka on 18 July, 2016
Author: S.J
evidence of collateral purpose as provided in the proviso to Section 49 of the Registration Act.
3. A collateral transaction must be independent ... collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. any right, title
does not come within the mischief of collateral
purpose or collateral transaction occurring in Section 49 of the India Registration ... evidence
of collateral purpose as provided in the Proviso to Section 49 of
the Registration Act.
3. A collateral transaction must be independent
document, as it was sought to be used for proving a collateral transaction and for a collateral purpose. The application was opposed by the petitioner ... though unregistered, could be received as evidence for a collateral purpose/to prove a collateral transaction. However, holding further that even if the document
Registration Act can
be looked into for any collateral transaction not
required to be a registered document. In paragraph 13,
the following was stated ... Specific Performance Act or as evidence of any
collateral transaction not required to be effected by registered
instrument. A collateral transaction must be independent
suit for specific performance and (b) evidence of any collateral transaction which is not required to be effected through registered instruments. In support ... Relief Act, 1877 (I of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument."
4. The relevant
suit for specific performance or
as evidence of any collateral transaction not
required to be effected by registered instrument.
Thus, it is evident that ... permits receipt of such unregistered document as
evidence of any collateral transaction.
9.Keeping the above provision of law in mind, if the
facts
Specific Relief
Act, 1877 or as evidence of any collateral transaction not required to
be effected by registered instrument.)"
From the aforesaid section ... empowers the courts to admit
any unregistered document as evidence of collateral transaction not required
to be registered. An unregistered lease deed is admissible
