Advocates appeared:
For the Appellant(s) : Mr. Jay Savla, Sr. Adv. Ms. Renuka Sahu, AOR
For the Respondent(s): Mr. A.I.S Cheema, Sr. Adv. Mr. Kunal Cheema, AOR Mr. Sagar Talekar, Adv. Ms. Ruchita Kunal Cheema, Adv. Mr. Raghav Deshpande, Adv. Mr. Shubham Chandankhede, Adv. M/S. Mitter & Mitter Co., AOR Mr. Bhushan Mahendra Oza, Adv. Mr. Amber Dwivedi, Adv. Mr. Seshatalpa Sai Bandaru, AOR Mr. Dn Goburdhun, Sr. Adv. Mr. Aakarsh Kamra, AOR Ms. Gauri Goburdhun, Adv. Mr. Rohan Kocchar, Adv.

Key Points: - The High Court declared properties at Serial Nos. 19 to 21 as ancestral properties of the late Hirachand Shah and ordered their partition by metes and bounds among the parties. (!) (!) - The Court held that unregistered affidavits and power of attorney (Exhibits 162 and 196) were inadmissible as evidence to prove a relinquishment of rights because they violated Section 17(1)(b) of the Registration Act, 1908. (!) (!) (!) - The Court ruled that documents executed during the pendency of the suit (pendente lite) without subsequent additional pleadings cannot be relied upon to establish an exclusive claim to property. (!) - The Supreme Court sustained the High Court's judgment, declining to interfere despite finding some errors, as justice on the main issues had been done and the appeals failed. (!) (!) - The Court established that evidence adduced without proper pleadings cannot be considered, and questions not arising from pleadings cannot be decided by the Court. (!) (!) - The Court found that the plea of oral partition for properties at Serial Nos. 8 to 17 was accepted by the High Court based on public documents, but this finding was not challenged in the current appeals. (!) (!) - The Court noted that the oral partition of properties at Serial Nos. 8 to 17 in 1973 was supported by public documents, making it acceptable under exceptional circumstances despite the general rule against oral evidence. (!) (!) - The Court held that the affidavit and power of attorney do not operate as estoppels to permanently deprive heirs of their co-ownership in the properties covered by those documents. (!) (!)

What are the rights of parties regarding the admissibility of unregistered affidavits and power of attorney as evidence for relinquishment of property rights under the Registration Act, 1908?

What are the rights of parties when evidence is adduced without proper pleadings in a partition dispute under the Code of Civil Procedure, 1908?

What is the legal effect of an oral partition on the status of ancestral properties in a Hindu Undivided Family when supported by public documents?