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Registration of award must when right, title and interest in immovable property exceeding value of Rs. 100

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH), Writ Petition No. 4571/2016, Ramchandra vs Kiran, original dispute relating to an immovable property was referred to an arbitrator and the Arbitrator included various properties in which the parties had interest and passed his award on 02.12.2009. On the plaintiff trying to execute the award, the respondent raised objection that the award needs to be registered as the subject matter of the award related to immovable properties worth more than Rs. 100/-. This application was opposed by the petitioner and by the impugned order dated 27.10.2015, the learned Judge of the Executing Court dismissed the execution proceedings on the ground that the award was not registered.

On appeal, the High Court decided that as per the provisions of Section 17(1)(b) of the said Act, it is clear that in any testamentary document purporting to create or declare any right, title or interest in any immovable property exceeding value of Rs. 100/- is compulsory registrable. The decisions relied upon by the learned counsel for the respondent nos. 1 and 2 support the aforesaid proposition. On reading of the entire award, it becomes clear that ownership rights in favour of the parties has been created with regard to some of the properties and they have been called upon to relinquish their rights with regard to other properties. It is therefore evident that since the right, title and interest was being created in immovable property exceeding the value of Rs. 100/-, the award was required to be duly registered. In absence of such registration, the award cannot be executed. Reference in this regard can be made to the decision in Sita Ram Bhama Vs. Ramvatar Bhama.



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