Description of property and maps or plans. (1) No non-testamentary
document relating to immovable property shall be accepted for registration
unless it contains ... reference to a government map or survey.
(4) No non-testamentary document containing a map or plan of any property
comprised therein shall be accepted
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
Bench: S
maps or plans.
Sub-section (1) specifically provides that a non-testamentary document relating to immovable
property shall be accepted for registration only ... blanks,
erasures or alterations 15; thirdly, under Section 21 , a non-
testamentary document with respect to an immovable property
must contain a description of subject
copy of the document was insufficient for the court to consider the details mentioned in the document as evidence. This Court has also approved ... keeping the register of the documents as well as non-testamentary documents relating to immovable property). When any person applies for a copy
certified copy of the document could have been
admitted in evidence. Section 64 of the
Evidence Act says that "documents must be
proved ... keeping the register of the documents as
well as non-testamentary documents relating to
immovable property). When any person applies
for a copy
Court
HELD: (1) The mere description of a signatory to a
testamentary document as an attesting witness cannot take
the place of evidence showing ... with proof of the execution of documents required by law to
be attested. It provides that such documents shall not be
used as evidence until
relates to registrable documents.
Section 17 enumerates the documents which are compulsorily registrable
and the exceptions to the categories of documents which are compulsorily
registrable ... these provisions make the following position clear (a)
any non-testamentary document purporting or operating to create, declare
any right, title or interest
expression "possessed by" is quite frequently used in
testamentary documents, where the method of expressing the
property, which is to pass
contain such particulars mentioned in s.
21 relating to every such document and memorandum as the
Inspector General from time to time directs is that ... maps or plans have
to be mentioned in all non-testamentary documents relating
to immoveable property before they are accepted for
registration, with further particulars
Kavita Kanwar vs Mrs. Pamela Mehta on 19 May, 2020
Equivalent citations: AIR 2020 SUPREME
