Registered release deed by unregistered gpa and evidence act
Subramanya G Rao
(Querist) 12 July 2013
This query is : Resolved
Dear Sir,
Registered release deed datted april 1, 1998 executed by wife to her husband on behalf of mother,6 sisters, 2 brothers of her husband for an immovable property through an unregistered gpa dated feb 2, 1998 is valid? Does it, valid on the grounds of evidence act based on the presumption of conclusive proof that all pre transactions related to this release deed such as gpa ,partition etc need not be called for proof of evidence but is prooved by this registration? Can you name some court cases trial judgements with ref numbers related to this ?
“ If the registered release deed is valid then the unregistered gpa through which release deed has been executed and the unregistered family partition deed are also valid ? isn’t it ?
If No –
How can law allowed release deed to get registered when gpa , family partition are not registered in 1998 and are not valid ? Is this not contradictory ?
If the law has allowed this in 1998 and If it is contested now How can law says no ? is it correct in providing justice to either of the parties who have contested on this ? How truth prevails ?
I am sorry I am naive please correct me if I am wrong in my understanding and expressions.
( I understand gpa registration was not compulsory in 1998 but the answer “no” to validity of gpa contradicts it’s own law of “yes” for validity of registere Release deed isn’t it?
Don’t you think that validity of unregistered gpa and family partition can be contested and asked for a proof in court of law, now ? If yes Why release deed permitted to get registered with unregistered gpa in 1998 and asking for proof now when most of the people are passed away. This lacuna provides opportunity for contestants who said yes in 1998 to say no in 2013. Does time limit bar helps truth to prevail ? )
Thanks
Subramanya
Nadeem Qureshi
(Expert) 13 July 2013
contact a lawyer personally with all documents
