claiming that he was entitled to declaration that the said sale deed was void and consequently to the possession of the suit property also ... next question which needs consideration is whether when the sale deed is void, we should exercise our discretion to grant relief of possession
that this was not a suit for
declaration that two Sale Deeds are void, because, such declaration was
not at all necessary for the purpose ... case, there is no relief seeking declaration that the
two Sale Deeds are void. The question which therefore arises is whether
the suit, in substance
that trustees in possession under such a void deed can acquire a good title by adverse possession as against the settlor and those claiming under ... trusts mentioned in the deed of settlement. It was first argued that the deed being a wakf was void on two grounds : (1) because
plaintiffs on the ground that the aforesaid two sale deeds were void ab initio. The aforesaid suit being Regular Civil Suit ... plaintiffs, when the plaintiffs themselves knew that the two sale deeds were void and invalid.
7. Shri S. A. Deshmukh, learned counsel appearing
deed in question. That deed is annexed to the plaint. According to the plaintiff it is a deed of wakf. The purport of that deed ... managed according to the trust deed but on the footing that the trust deed was void and the property belonged to the heirs alone. Under
alleged sale deed dated 10/02/1977
of defendant No. 1 and subsequent sale deeds of the
defendants are illegal, null and void ... before the execution of the sale deed dated
10/02/1977, the sale deed is null and void.
27. Mr. Mantri submitted that since
held that in such case the alleged document/deed was no deed and the
deed being void ab initio did not require ... Deeds of Conveyance must be filed latest by 15.02.2020. The
contention of the Plaintiff that the impugned Deeds of Conveyance are
void ab intio
Section 23 of the Act, 2007, the Tribunal declared
the gift deed void.
3.9 Being aggrieved, the Petitioners preferred an appeal before the District
Collector ... Tribunal
straightaway proceeded to declare the gift deed void without posing unto itself
the question as to whether the conditions pre-requisite for the invocation
registration avoids the unregistered deed as against a subsequent holder of a registered document, but leaves the deed good as between grantor and grantee ... registration in that country not only makes the deed void as against subsequent registered holders, but also as against creditors. There is no provision
after the execution and delivery of a deed of gift, but before registration thereof, renders a deed void as against the adopted son." This ... died on the day following the execution of the deed of gift, and the deed was not presented for registration until a period
