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    Question

    What was held in the case of Hansia vs Bhaktawramal?

    A Unregistered document can only be utilised as collateral Correct Answer Incorrect Answer
    B only a registered deed of conveyance can legally and lawfully transfer or convey immovable property Correct Answer Incorrect Answer
    C an agreement that is completely mutual and family in nature for the enjoyment of property without limiting or eliminating anyone’s right may not be registered. Correct Answer Incorrect Answer
    D in the event of an agricultural lease, a recorded kabuliyat combined with the landlord’s acceptance of the same is sufficient to create a lease in the eyes of the law Correct Answer Incorrect Answer

    Solution

    The question in Hansia v. Bakhtawarmal was how far a non-registered document that required mandatory registration under Section 17 of this act might be used in the action. The document in dispute was an unregistered mortgage deed. Because the objective of the mortgage deed is to prove the mortgage, a suit for recovery based on an unregistered mortgage deed is bound to fail. According to Section 49 of the Registration Act, an unregistered mortgage deed can only be utilised as collateral. The plaintiff can only utilise the unregistered deed to prove the nature of possession in a claim for possession, not in a suit for redemption. As a result, Section 49 of the Act cannot be used to get any benefit in a redemption litigation. Documents that are required to be registered under the Registration Act of 1908 can be used for collateral purposes.

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