Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Most. Kaushiya Devi, wife of Late Sahdeo Kumar – Appellant
Versus
Sohrai Kumhar, son of Late Tilak Kumhar – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel for the appellants.
2. This appeal has been filed against the judgment dated 26.02.2021 (decree signed on 09.03.2021) passed by the learned District Judge VI, Chatra in Civil Appeal No. 07 of 2019, whereby the appeal has been dismissed. The trial court’s judgment is dated 31.01.2019 (decree signed on 14.02.2019) passed by the learned Civil Judge (Senior Division) III, Chatra in Original Suit No. 09 of 2013. The suit was decreed in favor of the plaintiffs.
3. The learned counsel for the appellants has submitted that the learned court has wrongly disbelieved the previous partition and misconstrued Exhibit-A i.e. memorandum of partition dated 11.04.1954. The learned counsel has referred to the judgment passed by the Hon’ble Supreme Court reported in (2022) 3 SCC 757 (K. Arumuga Velaiah vs. P.R. Ramasamy & Anr.) and has submitted that when a document itself is not creating any right on the immovable property, the same does not require registration. Paragraph 45 of the aforesaid judgment is quoted as under: -
“45. Having regard to the aforesaid provisions of law it can be safely concluded that the said award was a mere arrang
A document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
The court established that a sale deed can be declared void if proven to be forged, and that limitation does not apply when the party was unaware of the document's existence due to fraud.
The court found that vague allegations of fraud do not suffice to circumvent established limitation periods, and a registered deed remains binding unless disproven by specific and detailed allegation....
Family settlements are binding and enforceable even if not registered; parties must challenge prior arrangements within limitation periods to maintain claims.
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
An unregistered partition deed is inadmissible and requires registration to be binding, emphasizing the need for substantiation of partition claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
