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Why is an unregistered deed of exchange of properties not admissible as evidence in court?

Section 127 of the Karnataka Land Revenue Act, 1964 deals with the consequences of an unregistered deed of exchange of properties. The section states that any deed of exchange of properties that is not registered, even if it is a valid exchange, will not be admissible as evidence in any court of law.

Section 17(1)(b) – Karnataka Land Revenue Act, 1964, Section 127
Suit for declaration and Unregistered deed of exchange of properties injunction, filed on basis of – Evidence of entry in record of rightsTransaction of exchange taking place subsequent to division of joint property by metes and bounds and allotment of shares under oral partition between parties Allotment made earlier cannot be reversed orally or by Deed, held, requires to be registered and unregistered deed of exchange

unregistered one invests no title – Entry in record of rights is proof of only Party, held, is entitled only to relief of possession, and not of title injunction and not to relief of declaration of title.

The purpose of this section is to encourage proper registration of deeds to ensure clarity and authenticity of property transactions. The registration process also helps to maintain records of property ownership and facilitates the transfer of property rights in a transparent manner.

If an unregistered deed of exchange of properties is presented as evidence in court, it will not be considered legally valid. This means that the parties to the exchange will not be able to rely on the document to prove their claims. The court will also not be able to enforce any rights arising from such an unregistered deed.

It is important to note that the consequences of an unregistered deed of exchange of properties under Section 127 do not affect the validity of the exchange itself. The exchange will still be considered a valid exchange under the law, but it will not be admissible as evidence in court.

Therefore, it is advisable for parties involved in a property exchange to get their deed registered with the appropriate authorities to avoid any legal complications in the future. Registration of a deed of exchange of properties involves paying the necessary stamp duty and registration fees and submitting the document to the relevant registration office within the prescribed time limit.

In conclusion, Section 127 of the Karnataka Land Revenue Act, 1964 makes it clear that an unregistered deed of exchange of properties cannot be used as evidence in a court of law. It emphasizes the importance of proper registration of property transactions and encourages parties to follow the necessary procedures to ensure legal validity and avoid disputes.

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