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Tuesday, November 26, 2024

SALE DEED IS PRESUMED TO BE VALID AND NEEDS SEPARATE CANCELLATION

Prem Singh v. Birbal, (2006) 5 SCC 353

Validity of registered deed- See ¶ 16;

A registered document is prima facie presumed to be valid in law (¶ 27)

Jamila Begum v. Shami Mohd., (2019) 2 SCC 727

held a registered document carries with it a presumption that it was validly executed and that it is for the party challenging the genuineness of the transaction to show that the transaction is not valid in law. [ See ¶ 16]

Thus, the Cour concluded that a revenue Court has to presume the validity and genuineness of a duly registered sale deed. [ ¶ 20 last line ]

Damodhar Narayan Sawale v. Tejrao Bajirao Mhaske, 2023 SCC OnLine SC 566

Court needs to consider the impact of registered sale deed before granting reliefs prayed   [¶13]

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