Showing posts with label shares in property. Show all posts
Showing posts with label shares in property. Show all posts

Sunday, 12 July 2015

Whether shares of parties in property can be decided on the basis of unregistered acknowledgement?


If the registered sale deed was in the joint names of the plaintiff and the defendant, without indicating the quantum of contribution towards the sale price, even if one of the parties had contributed the entire sale consideration, the same is irrelevant, and each co-owner is entitled to one half of the property in the eye of law. This proposition finds support from the view expressed in the case of Narayana Murthy v. Venkateshalu, MANU/KA/0472/1995 : ILR 1995 Kar 2876.
It is well settled that a document which varies the essential terms of an existing registered deed, must be registered. (See: Sunil Kumar Roy v. Bhowra Kankanee Colleries Ltd., MANU/SC/0448/1970 : AIR 1971 SC 751 (A three judge bench decision).
 Citation: 2015(2) AKR 393,AIR 2015(NOC)763 KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Regular First Appeal No. 828 of 2009
Decided On: 20.01.2015

P.V. Krishnappa Vs.  M. Ramaswamy Reddy

Coram:Anand Byrareddy, J.
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