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S. M. MODAK
Balaso Bhimgonda Patil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S. M. Modak, J.
1. The only issue arisen in this Writ Petition is “whether the trial Court was justified in sending unregistered Partition Deed to the Collector of Stamps for payment of requisite stamp and penalty”.
2. This issue arose during the trial of Regular Civil Suit No.105 of 2014 pending in the Court of Civil Judge Senior Division–Gadhinglaj, Kolhapur. It was a Suit for Partition filed by the present Respondent Nos.2 and 3 along with others. Whereas, present Petitioner is Defendant No.1. It was a Suit for Partition and declaration about sale- deed dated 11th February 2003 being not binding on the Plaintiff. The Suit property is as follows:-
(b) Five (5) R.C.C., shops and one (1) tin shade constructed on that land.
3. Present Petitioner refuted the averments in the Plaint and he has pleaded about Partition of the Suit land already taken place and recorded in the unregistered document dated 18th January 2013 titled as “Noting of partition by way of family arrangement”. He claims, as per the said arrangement, two Suits lands were allotted to his exclusive ownership. It is pertinent to note that the said agreemen
The registration of a partition deed is not mandatory under the Maharashtra Stamp Act, and insufficiently stamped documents can be admitted in evidence upon payment of stamp duty.
An unregistered Partition Deed cannot be admitted for primary purposes but may be impounded for collateral purposes under the Indian Stamp Act, following the proper procedures.
Unregistered documents, mandatorily registrable, cannot be admitted in evidence, even for collateral purposes, if they affect rights in immovable property, reinforcing the necessity of adherence to r....
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.
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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