plaintiff, the document under Ex.B1 is void abinitio and hence no prayer is necessary for the cancellation of the document in the suit ... Specific Relief Act, 1963 thus embodies both void and voidable document. It also provides a discretionary relief. As observed by the Apex Court, in Prem
There is a presumption that a registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus ... would be a nullity. It refers to both void and voidable document. It provides for a discretionary relief."
30. This Court has carefully gone
view that even if the document is vitiated by undue influence, still the said document is only voidable and not void ab initio and that ... father of the appellant/plaintiff in his favour is only a voidable document and not void ab initio. In support of his arguments
been arisen as to whether the first defendant having obtained a document much less a sale deed in respect of the suit property ... Specific Relief Act, 1963 thus, refers to both void and voidable documents. It provides for a discretionary relief.
16. When a document is valid
further contend that the execution of settlement deed itself is questioned. This document, which is an unregistered one cannot be permitted to be placed reliance ... Marriage Act, 1955.
With reference to legitimacy of children of void and voidable marriages, Sec.16 enacts as under:-
16.Legitimacy of children of void
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