Category: Sale, Exchange, Gift:

ISSUE:

Whether is it necessary for a person to examine his vendor and attesting witnesses to prove his title to a suit property when there is a registered sale deed executed by the vendor in his favor?

Whether Section 68 of the Indian Evidence Act, of 1872 applies to a sale deed?

RULE:

The execution of a sale deed does not require attestation by witnesses, unlike a gift deed, which must have at least two attesting witnesses present at the time of execution, according to Section 123 of the Transfer of Property Act, of 1882.

Additionally, Section 68 of the Evidence Act, of 1872, which pertains to the examination of attesting witnesses to prove the execution of a document, does not apply to sale deeds, as these are governed by Section 54 of the Transfer of Property Act.

ISSUE:

Whether vendor can assign the right contained in sale deed to get the property registered back or right being personal cannot be assigned?

Whether Veena Gupta, as the assignee of the repurchase right, is entitled to enforce specific performance against Indira Devi?

RULE:

The benefit of contract is assignable in cases where it can make no difference to person on whom the obligation lies to which of two persons he is to discharge it.

The right to repurchase property, as stipulated in a conditional sale deed, is assignable unless the terms of the contract explicitly state that it is personal to the original vendor.

ISSUE:

Whether the non-production of the Power Of Attorney, which was the basis for the sale deed executed by Dhirendra Chandra Saha, is fatal to the plaintiffs' claim of title over the disputed property?

Whether the plaintiffs have established their right, title, and interest in the suit property?

RULE:

When a document has been duly registered, there is a presumption of correctness and it can be rebutted only by strong evidence to the contrary.

The endorsement made on sale deed could be considered as determinative evidence of the conveyance of title to the suit property by its original owner, especially where the defendants have not set up a case to establish any independent title over the suit property.

When such a presumption arises, the onus would be on a person who challenges such presumption, to successfully rebut it.

ISSUE:

Whether credibility must be given to the registered power of attorney executed on 12/05/2006 or the alleged agreement for sale executed on 3/11/2003?

Whether Suraj Lamp judgment apply to the facts of this case?

Whether the suit property was the subject matter in the recovery suit filed by the decree-holder/respondent?

RULE:

An objection under Order XXI should be meaningfully heard to avoid the possibility of any miscarriage of justice.

The Executing Court is duty-bound to entertain the objection in the same suit in a careful manner.

A registered General Power of Attorney, when executed genuinely and accompanied by possession, can confer valid rights on a person, protecting the property from attachment in execution proceedings unrelated to him.

ISSUE:

Whether the gift deed entered between the executor and his grandson can be cancelled or held invalid?

RULE:

The deed of gift shows that the transaction was entered into out of natural love and affection of the donor for the donee and for the respect and reverence which the grandson bore to the grandfather.