settlement deed.
S.A.No.86 of 2001 21
Even a document which does not permit the donee to take
possession of the properties immediately ... declaration that it is void and if
the document is voidable, the document has to be set aside
by the court and the cancellation deed
registration offices--
Book 1, "Register of non-testamentary documents relating to
immovable property".
Book 2, "Record of reasons for refusal to register ... registering documents reads as
follows:
"28. Place for registering documents relating to land.--Save
as in this Part otherwise provided, every document mentioned
document relates is
situate. The provision is clear and specific that if the document
relates to properties situated in different sub districts the document
could ... also that.
When a Sub Registrar registers a non-testamentary document
relating to immovable property not wholly situate
document will lose his character as a witness. It is not necessary for the witnesses who are attesting the document to declare in the document ... witness, but such labelling is by no statute necessary to a testamentary document as an attesting witness cannot take the place of evidence showing
compulsorily registerable. Section 21 of the Act provides
that non-testamentary documents relating to immovable property shall not be accepted
for registration unless it contains ... following books shall be maintained:
Book 1. Register of non testamentary documents relating to immovable property.
Book 2. Record of reasons of refusal to register
consideration that by itself is insufficient to doubt the genuineness of those documents. The learned counsel appearing for the appellants ... Section 48 of the registration Act states that all non testamentary documents duly registered under the Act and relating to any property whether movable
provision deals with persons who are competent to
execute a testamentary document. It says, any person of
sound mind and who is not a minor ... will and Section 63 deals with the execution of the
testamentary document, ie., the procedure in drawing up of
a Will.
13. Section
There was no expression of any period to be found in the document within which alone it was to be operative, on the contrary ... said that the language used in a testamentary document is ambiguous, extrinsic evidence of declarations by the testator made down to within a short time
contract can be given
than the written document itself. However, this rule
would not apply when the document does not intend to
express the whole ... Registration Act ' for
short). By Section 48 all non-testamentary documents
duly registered under the Act, relating to any property
movable or immovable, takes
expression 'possessed by' is quite frequently used in testamentary documents, where the method of expressing the property, which is to pass
