Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: registering a court decree  (Read 456 times)

0 Members and 1 Guest are viewing this topic.

Offline sreesupandi

  • Jr. Legal Expert
  • **
  • Posts: 26
  • Karma: +0/-1
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
registering a court decree
« on: May 24, 2016, 01:20:20 PM »
Hi,

I paid full consideration for a plot and obtained a notarised Agreement of Sale on stamp paper. But I did not register the plot. Subsequently a perpetual injunction suit was filed against myself and other plot owners. Very soon court decreed the suit as "dismissed as adjusted out of the court". Court records attached  a "MEMORANDUM OF COMPROMISE UNDER ORDER 23, RULE 3 C.P.C". In the memo plaintiffs admit receiving certain payments and admit their father sold plots by executing sale deeds and agreement of sales and surrender their rights in favour of the defendants.

Even after that I did not register the plot, it has been 20 years since then. Now I want to register but  plaintiffs and seller are not to be found.

1) Does The Registration Act 1908 S89(2) apply even for "dismissed as adjusted out of court" decrees as is the case here?
2) How can I verify if court has sent such a copy?
3) How can I request/demand/petition the court to send it?
4) Even in absence of seller, is registrar duty bound to register the plot to me if I present a certified copy of the decree or the decree got registered through a copy sent by court in compliance with S89(2)?
5) How can I register the plot on my name or my near ones if seller's presence is necessary and seller is not to be found?



Indian Registration Act 1908
Section 89 Copies of certain orders, certificates and instruments to be sent to registering officers and filed
(2) Every court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No.1.



Offline sreesupandi

  • Jr. Legal Expert
  • **
  • Posts: 26
  • Karma: +0/-1
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: registering a court decree
« Reply #1 on: May 24, 2016, 02:00:19 PM »
Also is S89-A, brought into effect by The Law Reform Act 2002, retroactive?

89A (1) Every Court passing -
(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or
(b) ...

shall, in accordance with the rules made in this behalf, send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of the memorandum in his Book No. 1

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1222
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: registering a court decree
« Reply #2 on: May 25, 2016, 11:43:53 AM »
Not possible to register the property after 20 years.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline sreesupandi

  • Jr. Legal Expert
  • **
  • Posts: 26
  • Karma: +0/-1
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: registering a court decree
« Reply #3 on: May 26, 2016, 11:51:55 PM »
Not possible to register the property after 20 years.

Any suggestions on how buyer should  proceed to gain title in that case?

Regards

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 510
  • Karma: +14/-11
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: registering a court decree
« Reply #4 on: May 27, 2016, 06:01:16 AM »
Dear Sir,

Based on the decree passed, you may try and file a suit for declaration i think. It has to be draft cleverly to avoid the limitation and other objections that may be raised by the court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1222
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: registering a court decree
« Reply #5 on: May 27, 2016, 07:03:34 PM »
Advocate's mission/ objective should not be to get favourable judgments in favour of their clients rather should advice what is possibilities. To be very practical, filing such case will create expectation of clients to get favourable order. But in practical we know what happens actually. A good cross examination for 1 hour will left the plaintiff in pale and blue.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India