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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Vetrivel – Appellant
Versus
Narayanasamy (Died) – Respondent
| Table of Content |
|---|
| 1. civil revision petition for trial court order aggrievement. (Para 1 , 2 , 3 , 4) |
| 2. plaintiffs seek declaration of title and possession. (Para 5) |
| 3. defendants deny oral family arrangement. (Para 6) |
| 4. trial court dismissed application for admitting document. (Para 7 , 8 , 9) |
| 5. arguments presented for and against document admissibility. (Para 10 , 11) |
| 6. court's analysis on document's nature regarding rights. (Para 12 , 13) |
| 7. court acknowledges stamp duty issues to be resolved. (Para 14 , 15) |
| 8. civil revision petition allowed; no costs ordered. (Para 16 , 17) |
ORDER :
R. SAKTHIVEL, J.
1. Feeling aggrieved by the Fair and Decretal Order dated January 24, 2019 passed by 'the learned Subordinate Judge, Ariyalur’ ['Trial Court' for convenience] in I.A. No.650 of 2018 in O.S. No.43 of 2014, the Petitioners therein have preferred this Civil Revision Petition under Article 227 of the Constitution of India, 1950.
2. The Petitioners herein are the Plaintiffs and the Respondents 1 to 19 herein are the Defendants in the Original Suit in O.S. No.43 of 2014 on the file of the Trial Court.
3. During pendency of this Civil Revision Petition, the first respondent / first defendant – Naray
Documents evidencing past family arrangements need not be stamped or registered, while their classification impacts admissibility based on the nature of rights created.
Objections to a document's admissibility must be raised at the time of marking; failing to do so waives such objections, affecting the recognition of Oral Family Arrangements under relevant laws.
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....
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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.
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