Monday, October 26, 2020

Registration - Compromise - Decree..?

Compromise Decree and Registration........?
                                


- Whether compromise decree require Registration as per  Section 17 of Registration Act 1908 ? 

- When compromise decree require Registration as per Section 17 of Registration Act 1908 ?

- Basically compromise decree with regard to property which was subject matter of the suit itself does not require registration.

- Compromise decree in respect of an immovable property comprising other than that which was the subject matter of the suit or the proceeding the same would require registration.

- As per section 17(vi) of Registration Act 1908 any decree or order of court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding require registration.

======= Relevant Provision ====== 

- Section 17 of Registration Act 1908.

------------- Relevant Judgement ----------

- Som Dev and Ors v/s Rati Ram and And A.I.R.2006 S.C. 3297 = 206 SAR 772.

- Mohammade Yusuf  & Ors v/s Rajkumar & Ors 2020 SAR 364.

-K. Raghunandan & Ors v/s Ali Hussain. Sabir & Ors A.I.R. 2008 S. C.2337 = 2008 SAR 692.
= P. I. L. No. 88/2021 Bombay H. C. The Barshi Bar Association v/s The State of Maharashtra ---- decided on 09-03-2023

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