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may 1978

Supreme Court of India · 1978-05-05

RAM RATTAN (DEAD) BY LEGAL REPRESENTATIVES vs BAJRANG LAL & ORS.

Citation / case number
SC 1973/60227
Court
Supreme Court of India
Petitioner
RAM RATTAN (DEAD) BY LEGAL REPRESENTATIVES
Respondent
BAJRANG LAL & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that a document purporting to be a gift of immovable property is inadmissible in evidence due to lack of proper stamping and registration, as per Section 35 of the Stamp Act. The Court emphasized that the trial judge must decide on objections to admissibility at the time of tendering evidence, and if a document is marked 'subject to objection', it does not constitute a judicial determination. The hereditary office of Shebait is classified as immovable property under Section 2(6) of the Registration Act, necessitating registration for valid transfer, thus affirming the High Court's exclusion of the document from evidence.

RAM RATTAN (DEAD) BY LEGAL REPRESENTATIVES vs BAJRANG LAL & ORS. · Niyam