Registration, Easements and Limitation — Practice

Question 1

Within what time must a document be presented for registration?

Accepted Answer

Four months from execution, extendable by up to four months on payment of a fine.

Question 2

What is the limitation for a suit for specific performance?

Accepted Answer

Three years under Article 54.

Question 3

State the effect of non-registration under Section 49 and the exceptions.

Accepted Answer

An unregistered compulsorily registrable document cannot affect the property, confer a power to adopt, or be received as evidence of a transaction affecting the property. It may be used as evidence of a contract in a suit for specific performance and of a collateral transaction not required to be registered.

Question 4

Define an easement and name the two tenements.

Accepted Answer

A right of the owner or occupier of land, for the beneficial enjoyment of that land, to do or prevent something on other land not his own. The land benefited is the dominant heritage and the land burdened is the servient heritage.

Question 5

When can delay be condoned under Section 5 of the Limitation Act?

Accepted Answer

In an appeal or application, not a suit, if the applicant shows sufficient cause for not filing within the period. The court takes a liberal view, but the delay must be explained.

Question 6

A sells a plot to B by an unregistered agreement on 1 January 2018 and refuses to execute the deed. B sues for specific performance on 1 June 2023. Decide.

Accepted Answer

The agreement is unregistered, so under Section 49 it cannot affect the property or prove title, but the proviso lets B use it as evidence in a suit for specific performance. Article 54 gives three years from the date fixed for performance or, where none is fixed, from notice of refusal. If a date was fixed in 2018, the suit is barred, and Section 5 does not apply to suits. If no date was fixed, time runs from refusal and the court must find the date.

Question 7

State the elements of adverse possession.

Accepted Answer

Possession must be open, continuous, as of right and hostile to the true owner for twelve years (thirty against the Government). The possessor must plead and prove when possession began and its hostile character. After the period, the owner's right to sue is extinguished and title passes to the possessor.

Question 8

What is the effect of a written acknowledgment of liability within limitation?

Accepted Answer

It gives a fresh period of limitation from the date of the acknowledgment, under Section 18.

Practice — Registration, Easements and Limitation

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