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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Vijaykumar A.Patil
Vinodamma, W/o Late Rajappa – Appellant
Versus
Revannamma, W/o Late Shivarudrappa – Respondent
| Table of Content |
|---|
| 1. details regarding the claim of ownership and contention over property. (Para 2 , 5) |
| 2. arguments for and against the admissibility of the partition document. (Para 3) |
| 3. court’s observations regarding the necessity of registration for the partition document. (Para 4 , 6 , 10) |
| 4. legal reasoning on the requirements of registration for partition documents. (Para 7 , 9) |
| 5. final dismissal of the writ petition based on the merits presented. (Para 11) |
ORDER :
Vijaykumar A. Patil, J.
This petition is filed seeking following reliefs:
"Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned order dated 03.08.2019 passed by the learned Civil Judge and JMFC, Tarikere in O.S.No.144/2012 found at Annexure-H, allow this writ petition with costs and grant such other reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case."
2. Sri.Madhusudhana Rao, learned counsel appearing for the petitioner submits that respondent No.4 filed a suit for relief of declaration and permanent injunction against the respondent Nos.1 to 3 and petitioner. In the
Documents effecting partition that create rights require registration under the Registration Act; unregistered documents are inadmissible in court.
A memorandum of partition acknowledging pre-existing rights does not require registration, distinguishing it from a deed of partition that creates new rights.
Family arrangements creating present rights must be registered under the Registration Act, while those reflecting past oral arrangements do not require registration for admissibility as evidence.
Suit for Perpetual/Permanent Injunction – Partition deed can be relied upon to the extent of collateral purpose, subject to payment of stamp duty, penalty, and proof of relevancy.
Law is not that in every case where a party sets up plea that court may look into an unregistered documents to show nature of possession that court would agree to it – Cardinal principle would be whe....
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
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