RAM SARAN LALL AND OTHERS versus MST. DOMINI KUER AND OTHERS.

RAM SARAN LALL AND OTHERS versus MST. DOMINI KUER AND OTHERS.

The sale of immovable property requiring registration is completed only when registration is complete as provided by Section 61 of the Registration Act. Section 47 does not affect the time of completion of sale; it only governs the date from which the registered document is operative. Any demand for pre-emption before completion of registration is premature and invalid.

Parties
Appellants: Ram Saran Lall and others; Respondents: Mst. Domini Kuer and others; Intervener: Intervener
Jurisdiction
India
Judgment Date
27 April 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From a Judgment and Decree of the Patna High Court
Outcome
Appeal dismissed
Legal Topics
Sale of Immovable Property, Right of Pre Emption, Completion of Sale Under Registration Act
Property Law Registration Law Customary Law Sale of Immovable Property Right of Pre Emption Completion of Sale Under Registration Act

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Parties

Ram Saran Lall and others

Appellants

Mst. Domini Kuer and others

Respondents

Intervener

Intervener

Procedural Posture

Civil Appeal / Appeal by Special Leave From a Judgment and Decree of the Patna High Court

Legal Issues

  1. 1 When is a sale of immovable property deemed complete for purposes of exercising right of pre-emption under the Indian Registration Act?
  2. 2 Whether talab-i-mowasibat made before completion of sale is valid under Mohammedan law of pre-emption?

Ratio Decidendi

The sale of immovable property requiring registration is completed only when registration is complete as provided by Section 61 of the Registration Act. Section 47 does not affect the time of completion of sale; it only governs the date from which the registered document is operative. Any demand for pre-emption before completion of registration is premature and invalid.

Court Disposition

Appeal dismissed

Orders

  • Suit for pre-emption fails
  • Appellants to pay costs of appeal