Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D.BHARATHA CHAKRAVARTHY
Justinraj – Appellant
Versus
Arockiaraj – Respondent
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
1. The Civil Revision Petition is filed against the fair and decreetal order in I.A.No.477 of 2022 in OS.No.130 of 2016 on the file of the District Munsif Court, Keeranur.
The ground on which, the said document was rejected is that the said document, which partitioned the suit properties is a compulsorily registrable document and therefore, in the absence of registration, as per section 17 of the Registration Act, cannot be taken as evidence and cannot be marked.3.The learned counsel appearing on behalf of the petitioner would contend that the case of the plaintiff in the suit is that the suit property which devolved upon four brothers, upon the death of their father was already partitioned as early as in the year 1976 by the said partition deed and pursuant thereto, the revenue records were mutated. But however, when the plaintiff's father executed a settlement deed in favour of the plaintiff and further mutation of the patta was resorted to, at that point of time, the defendants started to interfere in the Pata proceedings and also cla
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.
A memorandum of partition acknowledging pre-existing rights does not require registration, distinguishing it from a deed of partition that creates new rights.
Documents effecting partition that create rights require registration under the Registration Act; unregistered documents are inadmissible in court.
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....
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....
The main legal point established in the judgment is the admissibility of unregistered, unstamped documents for collateral purpose and the need to mark such documents subject to objections by the oppo....
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.
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
