My partition suit was dismissed in lower court.Judge decided so that eventhough release deed was not registered it is valid.It was executed by me (putting my signatures with trust and faith )based on a clause of payment of Rs.40,000 within 6 months failure other parties should accept Rs.1,20,000 giving their 3/4th share but it was not registered due to default of balance amount Rs.7000 and return of 14 sovereigns jewels.Total promised amount was not paid and no evidence was produced for return of jewels.Before returning the release deed subregistrar sent registered letter to all (including executant and claimant) but OP did not raise any objection to them and got back unregistered release deed with their signatures and returned to me.Stamp papers was purchased in my name and also registration charges was paid by me.Two chances were given by me but OP failed to avail them and became defaulters as per Specific Performance Act. Is there any merits in this case? Advise
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Can I file a appeal in high court and is there any chance of winning?
Can opposite parties move in supreme court if they will get a negative verdict in high court? Shall hon'ble supreme court will admit despite there is no merits on their side?
1.Yes, you can prefer an appeal in district court/high court agaisnt the dismissal decree.
2. Yes the judgement of high court can be challenged in supreme court.
3. However appeal in supreme court is very hard to get admission. So if you win in high court you can remain sure about success.
4. I am not sure how and why lower court considered unregistered Release Deed as unregistered deed can be exhibited during evidence.
Unregistered release deed is admissible in evidence
2)you have not reproduced order passed by lower court dismissing your partition suit
3) it is necessary to peruse order to advise
4) you do have good case onmerits
You must file appeal in HC
2) without perusing order we cannot say whether you will win or lose the case
1) respondents are at Liberty to move SC against HC order
2)if there are no merits in case SC will dismiss the appeal
Whatever nrrated by you in this post is fully confusing.
Your statements contradict to each other.
What is partition sit doing with release deed?
What is the opinion of judge about the unregistered release deed.
Who executed a release deed and why it was returned to you without enforcing it?
The vague questions without basic details may not fetch you proper opinion and any opinion given based on your query lacking proper information, will certainly misguide you.
You may revert with details or can consult a local advocate by producing all relevant papers before him for a proper guidance and suggestions to proceed in the matter.
Can I file a appeal in high court and is there any chance of winning?
Without knowing the case details any suggestion given in this regard may be misleading.
Can opposite parties move in supreme court if they will get a negative verdict in high court? Shall hon'ble supreme court will admit despite there is no merits on their side?
You are stretching too far without even having a vague idea about what could be the result of an appeal that has not been decided to prefer before high court also.
By holding the facts of the case unto you, it may not be possible to render a formal opinion too.
Returned release deed could not be produced during trail in lower court. Suit was filed in 1987 and decreed in 1999 Judge decreed based on presumption and assumption since 2 times execution done but actually due to default of balance amount and return of jewels, it was not registered.Based on written vardhamanam executed by OP in 1979 the deed was kept as Pending Registration two times i.e., 1979 & 1980.Submission of ITC was agreed by OP could not be produced even at the time of second registration(1980) Jewels return was not recorded in release deed. Amount receipt was only recorded. Rs.800 was paid as registration charges by executant on 2 occasions.Return of jewels and submission of ITC and settlement of balance amount was recorded in vardhamanam before moving to sub registrar office (1979) OP failed to object in return of release deed or compulsory registration was done from 1981 to 1987. Hence suit was filed in 1987. My question is "In case OP would have fullfilled their promises then what is necessity to keep the release deed as Pending Registration" even at the time of second registration? The judge failed to note these points. Clarified
1) file an appeal against order of trial court as advised earlier
1. Yes, I find that there is merit in your case and the Judge erred in dismissing your partition suit on the stated ground.
2. File an appeal before the appellate Court challenging the said order of the Court below.
1. Yes, file an appeal before the appellate Court challenging the order of the lower Court.
2. Engage a lawyer having expertise in this field.
1. No body can be prevented from approaching higher Court seeking justice.
2. So, the opposite parties have the right to approach the Supreme Court on receipt of any adverse order from the High court.
3. The supreme court will admit the case and hear both the parties before deciding the matter on merit to pass judgment.
1. Was the said point was mentioned before the Judge of the lower Court while arguing the matter?
2. If not then the said point should be put forth before the High Court while arguing on the matter by your Advocate.
In execution of release deed I put my signature so that I received entire consideration amount Rs.40000 in several stages but not mentioned about the return of 14 jewels.Myself paid registration charges on 2 occasions (Rs.800) and stamp paper was bought in my name. The transferor has paid registration fees but no committment by transferee.My contention is that since there is a committment of wording so that entire consideration was passed and the same is defended by OP but the payment of Rs.800 to be deducted out of Rs.40000 then there was Rs.39200 in my hand. Will it be accepted in high court? Who should pay stamp duty and registration fees either by the executant or claimant? My advocate says without putting signature so that I received entire consideration amount subregistrar will not accept for keeping the document as Pending Registration.In fact OP would have fulfilled the promises then what is need to keep the document as Pending Registration?Already the same release deed was returned due to reason of non submission of ITC. OP failed to act vigilantly on second time registration. They became defaulters for which can I be penalised? Some advocates say that since the registration was no done I am withholding the tile of rights and the same is not transferred to OP. Please clarify.
1) stamp duty and registration charges should be borne by parties as per clause in the release deed
2) document would not be kept pending registration as full consideration has been paid by to you
3) only if release deed is regd it would be admissible in evidence
Returned release deed could not be produced during trail in lower court. Suit was filed in 1987 and decreed in 1999 Judge decreed based on presumption and assumption since 2 times execution done but actually due to default of balance amount and return of jewels, it was not registered.Based on written vardhamanam executed by OP in 1979 the deed was kept as Pending Registration two times i.e., 1979 & 1980.Submission of ITC was agreed by OP could not be produced even at the time of second registration(1980) Jewels return was not recorded in release deed. Amount receipt was only recorded. Rs.800 was paid as registration charges by executant on 2 occasions.Return of jewels and submission of ITC and settlement of balance amount was recorded in vardhamanam before moving to sub registrar office (1979) OP failed to object in return of release deed or compulsory registration was done from 1981 to 1987. Hence suit was filed in 1987. My question is "In case OP would have fullfilled their promises then what is necessity to keep the release deed as Pending Registration" even at the time of second registration? The judge failed to note these points. Clarified
The above contents are incidences to the case and not position of law.
These things should have been highlighted in the trial court and if the trial failed to consider the facts of the case as argued then the same should be highlighted in the appeal stating that the trial court erred in considering the practical issues.
Registered document- genuineness and presumption:The court cannot accept the genuineness of the document simply because it is registered. Registration of any document does not ensure genuineness either of the contents of the documents or execution of the same. Registration gives rise presumption that a document has been executed and registered. However this presumption can be rebutted by adducing evidence. In front side of release deed it is recorded as full consideration has been passed but on the back of the document it is recorded as transferor has paid stamp duty and registration fees and at the request of transferor the document was not registered which was endorsed by sub registrar.Moreover OP queried transferor during trail in lower court "Are you ready to execute release deed if the amount will be paid now ? for which transferor answered "NO" Whenever the question was put by OP like this in trail court then it reveals that consideration amount was not passed in full as stated in the records of release deed. With the signature of OP release deed was returned. In the above circumstances whether my title of rights are transfered to OP or not? No lawyer notice or any legal action was taken by OP till 6 years.As per article 54 of limitation act 1963 OP failed to proceed further. In the circumstances stated above do I have right in the property or not? Clarify
1) your rights and title to property have not been transferred to OP
2) in the event OP was aggrieved he ought to have taken legal proceedings against transferor within period of 3 years from date of execution
1. It is well settled proposition of law that in cases related to transfer of title of immovable property, the deed of Conveyance is required to be registered madatorily but for which it will not be considered as an evidence claiming transfer of title of the said property..
2. Based on the above, you have full right on your share of the said property.
You are making this observation on the trial proceedings now, hat prevented you to contest the case in the same manner like the way you are agitating over it now.
If you consider you to possess title to the property why did you fail to impress or convince the court about it on the basis of the said documentary evidences in your possession.
The queries now raised should have been thought over before the trial began in the case.
Now you have to look for the loop holes to establish your case.