Civil dispute with interlocutory criminal petition
MSC Shekar
(Querist) 01 November 2013
This query is : Resolved
In a Civil Suit (Respondents / Defendents both private parties); Document Gift Deed; Suit is for partition of properties; Registration Department Deposed as witness validating the Gift Deed.
The suit was decreed
After 30 years it was found that there are no link Document in the Gift Deed.
A 340 CrPc Petition was filed against the Registration Department by the Defendant in the said suit. The Registration Department failed to appear and was set exparte. It was brought to the notice of the court that the said Document Gift Deed does not contain link documents; YET THE COURT DISMISSED THE PETITION.
Appeal was prefered in Chief Judge court on this 340 Crpc Petition; Again The Registration Department was set exparte.
My query is why the Court is not taking the validation of the Gift Deed inspite of clear evidence and acceptence by the Registration Department?
Thanks in advance.
Devajyoti Barman
(Expert) 01 November 2013
Mere absence of link deed does not set aside the gift deed.
Rajendra K Goyal
(Expert) 01 November 2013
Agree with the expert Devajyoti Barman ji.
V R SHROFF
(Expert) 02 November 2013
Agree with the expert Devajyoti Barman ji.
MSC Shekar
(Querist) 07 November 2013
Hon'ble members thanks for your esteemed advice. But please note that absence of LINK DOCUMENTS IN ANY DOCUMENT FOR REGISTRATION makes it a "BENAMI TRANSACTION". If the above advice is applied then anyone can TRANSFER any other's property. Every sub registrar of any Registration Department primarily checks the link Documents before registration.
In this particular case I personally have witnessed the District Registrar and Sub Registrar having VERBAL DUEL / HEATED ARGUMENT ON THE SUBJECT OF LINK DOCUMENTS IN THIS PARTICULAR GIFT DEED. THE DISTRICT REGISTRAR RELUCTANTLY DENIED INFO TO HIS OWN SUB REGISTRAR IN THIS PARTICULAR CASE.
Sources from the Registration department have said that some documents the District Registrar is bound by Official secrecy act for not letting out information.
Hence my query is that "IS THIS GIFT DEED IS A MULTI PART DOCUMENT". PLEASE THROW SOME LIGHT ON THIS RARE SUBJECT?
Thanks in advance
