Limitation Act, 1963, Article 136 -- Execution - Limitation - Suit for partition - Limitation of twelve years of execution of decree starts from the date of decree and not from the date when decree is engrossed on stamp paper - Engrossment of decree relates back to date of decree - Proposition that period of limitation would remain suspended till stamp paper is furnished..........
Stamp Act, 1899, Section 35, 2(15), Registration Act, 1908, Section 17 -- Partition or memorandum of partition - Recitals showing that partition is effected by that document by specifying shares including payment of maintenance to mother and that no partition was done earlier by metes and bounds - Document not containing recitals that the parties have already taken..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Insufficiently stamped and unregistered partition deed is inadmissible in evidence unless the stamp duty and penalty is paid...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Gift of property after passing of preliminary decree but before passing of final decree - Preliminary decree in partition suit passed on 13.2.1978 which was not on stamp paper but defined shares by metes and bound - Final decree drawn, a replica of preliminary decree on 24.5.1979 but on stamped paper - High Court holding..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree in partition suit allotting specific parcels to parties and effecting partition by metes and bounds - Not a preliminary decree but final decree in the suit - Decree not engrossed on requisite stamp papers - Will not in any way affect interest of parties in respect of properties - No time limit prescribed by..........
Limitation Act, 1963, Article 136 -- Partition decree - Execution - Limitation - Starts to run from the date of passing of final decree irrespective of when it is given on requisite stamp papers...........
Registration Act, 1908, Section 17 -- Partition decree - Registration - Every decree is not required to be drawn up on a stamp paper unless it divides any property in severality amongst co-owners - Pursuant to the said decree if property is sold the said instrument of sale will be required to be stamped and thereafter got registered...........
Court Fees Act, 1870, Article 17(iii) -- Schedule II - Payment of ad valorem Court Fee or Stamp duty - Separation of shares in terms of relief sought for on account of rendition of accounts - Would arise only after final decree passed and claim for partition and his entitlement in claim for rendition of accounts is determined...........
Stamp Act, 1899, Section 35, 36, Registration Act, 1908, Section 17, 49 -- Proviso - Document a partition deed and not a family arrangement - Inadmissible in evident unless it is duly stamped and registered - Can be relied on for collateral purposes under proviso to Section 49 Registration Act - It is open to the respondent to get the document marked in accordance with..........
