Dear Client,
Section 17 of the Registration Act, 1908 talks about the Documents of which registration is compulsoryÂ
And Section 17 (1) (b)Â is read as other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
And Section 17 (2) (vi) provides an exemption: It states that nothing in clauses (b) and (c) of sub-section (1) applies to "any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.â
Your decree is an "Admission Decree" where the defendant made an endorsement submitting to the decree as prayed for. It is not a compromise decree in the usual sense (where parties reach an agreement and the court records it). It is a court's declaration based on the defendant's admission.
Generally, this type of admission decree (not a compromise decree), which effectively declares pre-existing rights or vests rights in the plaintiff as prayed for in the suit that was the subject matter of the suit, would typically fall under the exemption of Section 17(2)(vi) and would NOT require mandatory registration.
Does this decree create new ownership rights or confirm rights the parties already had?
Based on the wording, this decree appears to confirm pre-existing rights (or rights that were asserted by the plaintiff and admitted by the defendant) rather than creating new ownership rights.
Can this decree (in certified copy form) be used directly for:
Changing Patta or municipal records?
Yes, generally. A certified copy of such an admission decree should be sufficient to apply for changes in revenue records (like Patta in Tamil Nadu) and municipal records (property tax records). Revenue authorities are bound to give effect to court decrees.
Executing a gift deed or sale deed based on this declaration?
Yes, definitely. Once the Plaintiff (or Defendant, for B Schedule) has been declared the absolute owner by this decree, they can absolutely execute a subsequent Gift Deed or Sale Deed to transfer their ownership to a third party.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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