The Inspector General of Registration plays an important role in the legal system of India. Their role is to maintain the registration of documents such as property deeds, agreements, and wills. In this blog, we will discuss the top 5 judgments made by the Inspector General of Registration of all time. These judgments have played a crucial role in shaping the legal landscape of India.
Introduction
The Inspector General of Registration, also known as the Registrar, is an important figure in the legal system of India. Their role is to maintain the registration of documents such as property deeds, agreements, and wills. The importance of the Inspector General of Registration cannot be overstated, as they play a crucial role in ensuring that legal documents are properly recorded and can be used as evidence in legal proceedings.
In this blog, we will discuss the top 5 judgments made by the Inspector General of Registration judgments of all time. These judgments have played a crucial role in shaping the legal landscape of India and have had a significant impact on how legal documents are registered and maintained.
Judgment 1: Registration of Marriage
In India, the registration of marriage is compulsory under Articles 45 to 47 of the Law of Marriages. On October 25, 2007, the Supreme Court of India has ruled that all marriages, regardless of religion, must be registered without any exceptions.
The court even directed all states and union territories to enact legislation within three months to make the registration of all marriages compulsory. The purpose of this ruling is to reduce instances of child marriages, bigamy, unlawful abandonment, and cases of domestic violence
Judgment 2: Non-Registration of Sale Deed
It was held in the case of ‘Mahomed Yaouoob Ally v. Chhotey Lal’, AIR 1939 Pat 218, that the sale of an immovable property whose worth is less than Rs. 100 through an unregistered sale deed does not need the handover of possession to occur concurrently with the execution of the sale deed.
Judgment 3: Registration of Power of Attorney
According to the Indian Registration Act of 1908, the registration of the POA is not mandatory. However, according to a Supreme Court of India judgement, registration of power of attorney is required if it is signed for the sale of an immovable asset. The deed should be recorded at the sub-registrar’s office in the jurisdiction of the attorney’s residence.
Judgment 4: Registration of Gift Deed
The case of Nur Bhanu v. Abdul Amis Bhuinya (AIR 2006) revolved around the mental capacity of the donor, concerning their ability to enter into a contract. The lower court had already determined that the donor was mentally sound and capable of executing the deed, and this decision was upheld in the second appeal. The deed was duly registered, supported by the testimony of the attesting witness, and no conspiracy element was found. Additionally, the suit was filed after three years, which prevented any alterations to the previous findings. This Supreme Court judgment pertains to registered Gift Deeds.
Judgment 5: Non-Registration of Will
In India, the registration of a will is not mandatory for its validity. Even if a will is not registered, it can still be considered legally valid if it meets certain requirements. The Supreme Court of India has pronounced several judgments affirming the validity of non-registered wills.
These judgments establish that the non-registration of a will does not invalidate its legal effect or render it void. As long as a will is executed in accordance with the requirements of the Indian Succession Act, of 1925, it can be considered valid and enforceable. However, it is advisable to register a will as it can provide additional evidence and ease the process of probate or administration of the estate after the testator’s demise.
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Types of Judgments
There are several types of judgments in India, namely:
Declaratory judgment: A declaratory judgment is a judgment that declares the rights or obligations of the parties to a dispute. A declaratory judgment does not award damages or other relief, but it can be used to clarify the legal relationship between the parties and to prevent future disputes. For example, a declaratory judgment can be used to determine the ownership of property, the validity of a contract, or the scope of a person’s legal rights.
Interpretative judgment: An interpretative judgment is a judgment that interprets the meaning of a statute, regulation, or other legal document. An interpretative judgment does not create new law, but it clarifies the meaning of existing law. For example, an interpretative judgment can be used to determine the meaning of a tax law, a contract, or a constitutional provision.
Mandamus judgment: A mandamus judgment is a judgment that orders a public official to perform a legal duty. Mandamus is a Latin word that means “we command.” A mandamus judgment can be used to compel a public official to take action, such as issuing a license, enforcing a law, or providing a service.
Prohibition judgment: A prohibition judgment is a judgment that prohibits a public official from performing an illegal act. Prohibition is a Latin word that means “to forbid.” A prohibition judgment can be used to prevent a public official from taking action that is ultra vires, meaning that it is beyond the official’s legal authority.
Quashing judgment: A quashing judgment is a judgment that quashes or sets aside a decision made by a lower court. A quashing judgment can be used to correct errors of law or procedure that were made by the lower court. For example, a quashing judgment can be used to quash a conviction that was obtained in violation of the defendant’s constitutional rights.
Estoppel judgment: An estoppel judgment is a judgment that prevents a party from asserting a particular claim or defense. Estoppel is a legal doctrine that prevents a party from contradicting their own previous statements or conduct. For example, an estoppel judgment can be used to prevent a party from denying their signature on a contract if they have previously acknowledged signing the contract.
Res judicata judgment: A res judicata judgment is a judgment that bars a party from relitigating a claim or issue that has already been decided by a court. Res judicata is a Latin word that means “a thing decided.” A res judicata judgment can be used to prevent a party from relitigating a claim that was dismissed by a court or that was the subject of a prior judgment.
These are just a few of the types of judgments that can be issued by Indian courts. The specific type of judgment that is issued will depend on the nature of the dispute and the applicable law.
What Legal Services Does Vakilsearch Offer to Help Individuals and Businesses With Their Legal Needs?
At Vakilsearch, we believe in the importance of legal compliance and ensuring that legal documents are registered and maintained properly. We offer a range of legal services to help individuals and businesses with their legal needs, including document registration, compliance, and legal advice.
Hence, the role of the Inspector General of Registration is crucial in maintaining the registration of legal documents in India. These top 5 judgments made by the Inspector General of Registration have had a significant impact on the legal landscape of India and have emphasized the importance of properly registering legal documents. At Vakilsearch, we are committed to helping individuals and businesses navigate the legal system and ensure legal compliance.
It is essential for individuals to understand the importance of registering legal documents properly. These top 5 judgments made by the Inspector General of Registration have made it clear that legal documents such as marriage certificates, sale deeds, power of attorneys, gift deeds, and wills must be registered to be considered valid and admissible in legal proceedings.
Conclusion
Vakilsearch is a great resource for finding Registration judgments for free. The Vakilsearch website and app provide access to a comprehensive database of judgments from all over India. In addition to providing access to judgments, Vakilsearch also provides a number of other legal research tools, such as case summaries, legal news, and legal blogs.
Here are some additional benefits of using the Vakilsearch Registration judgment database and directory:
- Easy to use: The Vakilsearch judgment database is easy to use and navigate. You can search for judgments by keyword, case number, or court.
- Complete: The Vakilsearch judgment database includes judgments from all over India, including the Supreme Court, the High Courts, and the lower courts.
- Up-to-date: The Vakilsearch judgment database is updated regularly with the latest judgments.
- Free: Vakilsearch’s judgment database is completely free to use.
If you are looking for a free and comprehensive resource for finding judgments, Vakilsearch is the perfect solution.
FAQ
How can I find Judgements for free?
The best way to find judgments for free is to use a legal research service, such as Vakilsearch. Vakilsearch provides access to a free database of judgments from the Supreme Court of India, the High Courts of India, and other important courts.
Which app is used for recent Judgements?
The Vakilsearch Judgement Directory is a great way to stay up-to-date on the latest judgments from the Supreme Court of India, the High Courts of India, and other important courts. The website provides a searchable database of judgments.
Can a judge hear his own case?
No, a judge cannot hear his own case. This is because it would create a conflict of interest. A judge is supposed to be impartial, and it would be impossible for a judge to be impartial in a case where he or she is a party.
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