Women have Equal Right in Undivided Coparcenary Property Even After the Enactment of JFSAA

In N P Rajani v Radha Nambidi Parambath [2025:KER:49346], the High Court of Kerala declared that the daughter of a Hindu, who dies after 20.12.2004, in the State of Kerala is entitled to equal share in the ancestral property (but not in the individual property) if no partition has taken place prior to the date, in spite of the enactment of the JFSAA in 1975.

Unregistered Sale Agreements are Admissible as Evidence in Suits for Specific Performance

Unregistered sale agreements, while not transferring ownership, are admissible as evidence in a suit for specific performance to establish the existence of a contract. This admissibility is governed by the interplay between Section 17 and Section 49 of the Registration Act. However, such agreements cannot be used to claim ownership or title to the property without a decree for specific performance, as held by the High Court of Kerala in Shaju v. Victory Granite Bricks Pvt. Ltd. & Another [2025:KER:45599].

For Registration of a Sale Deed, Prior Title Deeds Not Essential

The Supreme Court, in the matter of K. Gopi v. The Sub-Registrar & Others [2025 INSC 462], has held that a Registering Authority, under the Registration Act of 1908, is not empowered to refuse the registration of a sale or transfer deed on the grounds that the executant has failed to produce prior title documents or that the executant's title to the property is otherwise unsubstantiated.