Rule 191 with the Kerala Registration Regulations Rule 191. The explanations for refusal will usually occur underneath a number of from the heads mentioned beneath; which need to invariably be quoted as authority for refusal.
If it is not ‘null and wholly void‘, he are unable to simply keep away from the deed and progress with other reliefs. But, in these types of cases, it is actually not necessary to hunt ‘annulment’ in the deed – by ‘location it apart’ or ‘cancelling it’.
The second facet of the matter emphasises that basic principle. For there might be no apprehension if a mere third party asserting a hostile title generates a document. Thus relief less than S. 39 could be granted only in regard of the instrument very likely to have an impact on the title on the plaintiff instead of of the instrument executed by a stranger to that title.”
forty three. The decision in Satya Pal Anand (supra) can't go to the rescue in the contesting respondents, for the simple cause which the writ petitioner in that situation, initial accepted a compromise after which elevated a dispute under the Cooperative Societies Act (that's akin to the civil suit) and thereafter approached the Significant Court beneath Write-up 226 to get a declaration, which he might have sought only during the by now instituted proceedings.
No matter if such a registration was valid or was vitiated by fraud is usually a triable challenge which can be decided only in a civil or criminal continuing by a Courtroom of competent jurisdiction.”
There can not be two sights that present provisions from the Registration Act, usually do not confer the Registrar with electric power to cancel a document which has been already registered. Even in situations of fraud or forgery, Registration Act, isn't going to confer such a power to the Registrar to cancel a registered instrument.
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