Registration of Godanama done before 1st January 1977 is mandatory. Registration of deeds done before January 1977 is not necessary: High Court’s decision: Consolidation proceedings cannot be rejected on this basis – Prayagraj (Allahabad) News
Allahabad High Court said that there is no need for registration for the deeds done before January 1, 1977 because the rule for registering deeds has been implemented from this date. The court said that the consolidation proceedings cannot be dismissed on the ground that the deed of deed is not registered.
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Justice Chandra Kumar Rai has given this order while accepting the petition of Jagdish. The petition was pending for the last 40 years. Petitioner Jagdish was adopted by his maternal uncle. In such a situation, after the death of the petitioner’s maternal uncle (father), the petitioner and her aunts filed a succession application under Section 12 of the Uttar Pradesh Consolidation Act 1953. On the basis of the God of War signed on 25 October 1974, the petitioner described himself as the adopted son of the deceased and said that he was entitled to his father’s property. Aunts have no right in father’s property.
The Consolidation Officer had passed the order in favor of the petitioner. The aunts appealed against this, which was accepted. The petitioner filed a revision petition against the appeal, which was dismissed. Which was challenged by the petitioner by filing a petition in the High Court.
The petitioner’s counsel argued that the deed done before January 1, 1977 did not require registration. When the Godnama (adoption) took place, there was no opposition from his father’s wife, the mother. The impugned order was passed without considering the evidence on record.
The defendants argued that the circumstances of the adoption were suspicious and proper procedure was not followed. The wife of the deceased was alive at the time of adoption. Even after this consent was not taken. In such a situation, the petitioner has no right on the property.
After hearing the parties, the court said that the Consolidation Officer passed his orders keeping in mind all the evidence. He did not find any need for registration of adoption papers. the court has
It is believed that it is not necessary to register deeds before January 1, 1977. The court said that the petitioner has the right to the entire movable and immovable property of the deceased.
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