Latest Immovable Property as Dower or Gift Judgment 2017 SCMR 608 Supreme Court
S. 53-A—Registration Act (XVI of 1908), S. 50(1)—Immoveable property—Rival claimants—‘Unregistered sale/dower deed’ and ‘registered gift deed’ in respect of same property—Circumstances in which unregistered sale deed could be given preference over registered deed—Although a registered deed reflecting transfer of certain rights qua a property had sanctity attached to it regarding its genuineness, and strong evidence was required to cast aspersions on its correctness but it could not be given preference over an un-registered deed vide which physical possession of the property had also been given.
Section 50(1) of the Registration Act, 1908 also provided that a registered document regarding transfer of certain rights in an immovable property would have effect against every un-registered document relating to the same property and conferring the same rights in the property as shown in the registered document but the law had also provided certain exceptions—Where a person in favour of whom an un-registered deed qua transfer of certain rights in property had been executed, also had possession of the property, he could legally protect his rights in the property and even a registered deed subsequent in time would not affect his/her rights.
First proviso to S. 50 of the Registration Act, 1908 provided that such rights in the property could be protected under S. 53-A of the Transfer of Property Act, 1882—Claimant/wife in whose favour property was transferred vide unregistered sale in lieu of dower was also given possession of the same—Report of the Forensic Science Laboratory also confirmed the signatures of her husband/transferor on the said deed—Irrespective of the fact that the rival claimants/petitioners had a registered gift deed in their favour, the same was subsequent in time to the unregistered deed and petitioners had no possession of the property, thus, they could not get any advantage of the same—Besides, the petitioners had claimed the gift in their favour vide the registered deed but the basic ingredients of gift i.e. offer, acceptance and delivery of possession had not been proved by them—Petition for leave to appeal was dismissed accordingly.