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Akshoy Chandra Majhi and ors. Vs. Manmatha Nath Chatterjee - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in37Ind.Cas.362
AppellantAkshoy Chandra Majhi and ors.
RespondentManmatha Nath Chatterjee
Excerpt:
registration act (xvi of 1908), section 35 (3) - 'assign', whether donee of gift is--execution, admission of, by donee after donor's death--registration. - .....was one for recovery of possession of certain lands, to which the plaintiff founded his title on a deed of gift executed by a lady. the lower appellate court has found that the deed of gift was executed. the only question that was raised before that court and which has also been pressed before us in this appeal is as to the registration of that deed. under the provisions of the transfer of property act, a gift of an immoveable property can only be made by a deed of transfer duly registered. the lady died a few hours after executing the deed of gift. the document was, however, registered within the four months required by the indian registration act and the only question is, was the plaintiff an assign of the deceased lady within the meaning of the third clause of section 35 of the indian.....
Judgment:

Fletcher, J.

1. This is an appeal from, the decision of the learned Subordinate Judge of the second Court of Burdwan, dated the 13th November 1914, reversing the decision of the Munsif of the second Court at Katwa. The suit brought before the learned Munsif was one for recovery of possession of certain lands, to which the plaintiff founded his title on a deed of gift executed by a lady. The lower Appellate Court has found that the deed of gift was executed. The only question that was raised before that Court and which has also been pressed before us in this appeal is as to the registration of that deed. Under the provisions of the Transfer of Property Act, a gift of an immoveable property can only be made by a deed of transfer duly registered. The lady died a few hours after executing the deed of gift. The document was, however, registered within the four months required by the Indian Registration Act and the only question is, was the plaintiff an assign of the deceased lady within the meaning of the third clause of Section 35 of the Indian Registration Act, which authorises the registration of a document where the executant is dead and his representative or assign appears before the Registering Officer and admits the execution?' The plaintiff was vested with the interest that the deceased lady had in the property comprised in the deed of, gift; and ordinarily, he would be an assign of the lady. No reason has been shown why the word 'assign' should not be given its ordinary signification, and it is quite possible that the Legislature inserted the word 'assign' in the third clause of Section 35 to provide for the case where the representative would not appear and unless the transferee was authorized to appear and admit the execution, the deed could not be registered. I think the conclusion arrived at by the learned Subordinate Judge of the lower Appellate Court is correct. The present appeal, therefore, fails and must be dismissed with costs.

Tednon, J.

2. I agree.


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