Topic
A partition suit is not maintainable if plaintiffs lack actual or constructive possession and do not seek possession relief, the Delhi High Court ruled, placing the burden on challengers of registered documents to prove invalidity.
The Karnataka High Court ruled that a registered sale agreement remains enforceable for specific performance if 96% of the consideration was paid, even if legal heirs challenge it posthumously. The court emphasized that documentary evidence prevails over unsupported oral testimony, reinforcing the binding nature of duly executed agreements in property disputes.
Bombay High Court rules that even registered documents require proof of execution through an attesting witness under Section 68 of the Evidence Act if execution is specifically denied. This holding reinforces the burden of proof in property disputes, ensuring fraudulent claims are scrutinized regardless of registration.