A.M.SAPRE, S.ABDUL NAZEER
SHYAM NARAYAN PRASAD – Appellant
Versus
KRISHNA PRASAD – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The share of property obtained by a coparcener through partition is considered ancestral property with respect to male issue. This means that male descendants have a right to this property by birth, and it retains its character as ancestral property even after partition (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
A deed that is required to be registered under law, particularly when it involves immovable property valued above a certain threshold, is not admissible as evidence unless it is registered. Such unregistered documents cannot be proved through Section 91 of the Evidence Act or oral evidence, and the law mandates registration for validity and enforceability (!) (!) (!) .
In the absence of a pleading indicating possession in part performance of a contract, Section 53A of the Transfer of Property Act is not applicable. Proper pleadings are essential to invoke this section, and without such pleadings, the benefit of Section 53A cannot be claimed (!) (!) .
The legal character of property—whether ancestral or self-acquired—depends on the facts and deeds of partition. Properties allotted to a coparcener in partition that are ancestral in nature continue to be coparcenary property, and the rights of male descendants in such property are preserved (!) (!) (!) (!) .
The mode of transfer of property through exchange requires a registered instrument if the property involved is immovable and valued above Rs. 100. An unregistered exchange deed cannot be used as evidence to prove transfer of ownership of immovable property, and the law explicitly bars its admissibility (!) (!) (!) .
The law emphasizes that the best evidence of the contents of a document is the document itself. If a document required to be registered is not registered, it cannot be produced as evidence, and secondary evidence is inadmissible. This ensures the integrity and authenticity of property transfer documents (!) (!) .
The benefit under Section 53A of the Transfer of Property Act requires that the defendant plead that possession has been taken in part performance of a contract. Without such a plea, the defendant cannot claim protection or invoke this section (!) (!) .
These points collectively reflect the principles of property law, the importance of proper registration, and procedural requirements for asserting rights related to property transactions.
JUDGMENT :
S.ABDUL NAZEER, J.
1. Defendant No.1, Shyam Narayan Prasad is the appellant before us. In this appeal he has questioned the legality and correctness of the judgment and decree dated 15.5.2006 passed by the High Court of Sikkim in RSA No.1 of 2005.
2. One Gopalji Prasad is the common male ancestor of the parties. The appellant and Laxmi Prasad, 5th respondent herein, are the sons of Gopalji Prasad. Respondent Nos. 1 to 3 are the sons of Laxmi Prasad and respondent No.4 is the son of the 1st respondent. Respondent Nos.1 to 4 are the plaintiffs in the suit, being Civil Suit No.10 of 2001, and the appellant and respondent Nos.5 and 6 are the defendants. No relief has been claimed against respondent No.6 (defendant No.3 in the suit). For the sake of convenience, parties are referred to by the ranking in the trial court.
3. The plaintiffs filed the aforesaid suit against the defendants for a declaration that the document dated 30.1.1990 (Exhibit P2) executed between defendant Nos. 1 and 2 is invalid and for certain other reliefs. According to them, the family property was partitioned on 31.7.1987 between Gopalji and his five sons, namely, Laxmi Prasad, Ayodhya Prasad, Shyam Naraya
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