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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Uma Pandey S/o late Mahendra Pandey – Appellant
Versus
Munna Pandey S/o Late Ravindra Pandey – Respondent
| Table of Content |
|---|
| 1. facts of the inheritance and partition case (Para 2 , 3 , 4 , 5) |
| 2. procedural history and responses of the parties (Para 6 , 7 , 10 , 11) |
| 3. trial court findings on partition rights (Para 8 , 9) |
| 4. legal considerations of exhibit a's nature and registration requirements (Para 12 , 13 , 19 , 21 , 22) |
| 5. arguments regarding exhibit a's admissibility and partition claims (Para 14 , 15) |
| 6. court's stance on joint family property status (Para 28 , 30) |
| 7. conclusion on the appeal, ordering restoration of the trial court's decision (Para 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
Khatim Reza, J.
Heard Mr. Jitendra Prasad Singh, learned senior counsel assisted by Mr. Abhishek Kumar, learned counsel for the appellants and Mr. Shivnandan Prasad Singh, learned senior counsel assisted by Mr. Indu Bhushan, learned counsel for the respondents.
2. This Second Appeal has been preferred against the judgment and decree dated 14.07.2008 passed by the learned Additional District Judge-Ist, Gopalganj in Title Appeal No. 77 of 2005/06 of 2007 whereby the learned lower Appellate Court reversed the judgment and decree dated 12.07.2005 passed by the learned Sub-Judge-Vth, Gopalganj in Title (Partition) S
An unregistered partition deed is inadmissible and requires registration to be binding, emphasizing the need for substantiation of partition claims.
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
A family arrangement, if long-standing and accepted by all parties, is binding and cannot be easily contested, especially in partition disputes.
Rule 73 of Rules reads as duties of Registering Officer.
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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