Relief Act, 1877 (3 of 1877)
or as evidence of any collateral transaction not
required to be effected by registered instrument ... transaction”. A collateral transaction is often wrongly termed as collateral
purpose. The said collateral transaction for evidence which an unregistered
partition deed is produced should
because, the lease documents are being examined only to
determine a collateral transaction viz., nature of expenditure
incurred by Assessee. It is a fact that
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
registered shall—
© be received as evidence of any
transaction affecting such property or conferring
such power, unless it has been registered:
[Provided that an unregistered ... Relief Act, 1877 (3 of 1877) or as evidence of any
collateral transaction not required to be effected
by registered instrument.]
26. Section
registered shall—
© be received as evidence of any
transaction affecting such property or conferring
such power, unless it has been registered:
[Provided that an unregistered ... Relief Act, 1877 (3 of 1877) or as evidence of any
collateral transaction not required to be effected
by registered instrument.]
26. Section
power to adopt, or
(c) be received as evidence of any transaction
https://www.mhc.tn.gov.in/judis
affecting such property or conferring such ... Relief Act, 1877 (3 of 1877) or as evidence of
any collateral transaction not required to be effected by
registered instrument.”
16.An examination
immovable property comprised
therein, or
(c)be received as evidence of any transaction
affecting such property or conferring such power;
unless it has been registered ... Section 53-A of the
TP Act or using evidence for collateral transactions.
The combined effect of all the provisions is that an
unregistered lease
offer
the property as collateral security, when such power had not been so granted.
Offering the property as collateral security was to the adverse interest ... notice of the earlier transactions or knowledge that the property had been
offered as collateral security for the loans availed by the 10th defendant
offer
the property as collateral security, when such power had not been so granted.
Offering the property as collateral security was to the adverse interest ... plaintiff had
no notice of the earlier transactions or knowledge that the property had been
offered as collateral security for the loans availed
possession thereof, even under a void transaction, the right by
way of adverse possession may be claimed. Thus, it is not correct to
contend that ... collateral proceedings.
c).Since title has not passed to the transferee under a void
document, the prayer for setting aside such transaction will be
superfluous
