Family settlement -- There can be oral family partition of even immovable properties - Such oral partition is not required to be registered - Only those documents are required to be registered which are specified in S.17 of Registration Act, 1908. (Registration Act, 1908, S.17)...........
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...........
Registration Act, 1908, Section 17 -- Unregistered partition deed - Such document is admissible in evidence to prove intention of co-parceners to become divided in status...........
Partition deed -- Whether memorandum of partition? - Various items of properties shown against the name of each of the parties to the document - Property divided by consent and every one entitled to enjoy property allotted to him - No reference to the earlier partition deed - A reading of the entire document and its contents shows that it is in fact a partition deed and..........
Registration Act, 1908, Section 49 -- Partition deed - Not registered - Parties not willing to rely upon that document for any collateral purpose - Question of considering admissibility of document under S.49 does not arise...........
Will -- Genuineness - Family partition effected by deceased who gave share to all four of his sons - Testator retained some land which he gave by way of Will to plaintiff - Challenge as to the genuineness of Will by the defendants - Will executed by testator himself and the testator died only four years after the execution and the registration of the Will - There was no..........
Registration Act, 1908, Section 49(c) -- Proviso - Partition deed - Unregistered - Inadmissible in evidence to prove terms of disposition of properties embodied therein and to show as to which properties fell to whose share under that document in partition - However, it can be admitted in evidence for collateral purpose of proving factum of partition and nature of..........
Family settlement -- Which has been reduced into writing by which a division has been effected and some rights have been created - Requires to be registered - If it is not registered then it cannot be admitted in evidence - Any oral evidence of the factum of partition will not be admissible by reason of S.91 of the Evidence Act - Expression `collateral purpose' in S.49..........
Registration Act, 1908, Section 17(1)(b) -- Partition deed - If the instrument itself effects partition, it is compulsory registrable - If it is not registered it is not admissible in evidence - If an instrument merely acknowledges prior partition, it is not compulsorily registrable - Partition effected through the document in question - Defendants themselves pleading in..........
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..........
