AI Overview...
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Partition Deed and Registration Requirement - A partition deed that merely records land, camels, and ornaments falling to a coparcener's share is not considered a formal partition deed and thus does not require registration. The court held that such documents are not deeds of partition and do not necessitate registration. Joginder Singh VS Mohinder Singh - Punjab and Haryana
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Scope of Registration for Partition Deeds - Registration of a partition deed is generally required when it involves joint purchasers or is presented for registration, as per the Registration Act and local manual guidelines. The decision depends on whether the deed is a formal partition deed or a memorandum of partition. Govindan and Others VS District Registrar, Tenkasi and Another - Madras
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Legal Recognition and Registration Status - Courts have recognized that if a partition deed is not registered as per the requirements of the Registration Act, it remains inadmissible in evidence and may affect the validity of claims based on such documents. Delayed or incomplete registration can lead to legal issues. S.D.RAVEENDRA PRASAD, Vs STATE OF KERALA, - Kerala, KANKU VS KALIA RAM - Himachal Pradesh, Heera Chand VS LRs. of Late Shri Prem Chand - Rajasthan
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Compulsory Registration under Section 17 of the Indian Registration Act - A partition deed is generally deemed a document requiring compulsory registration under Section 17(1)(b) of the Registration Act. Failure to register such deeds can render them inadmissible and impact legal proceedings. However, certain awards or agreements may not require registration if explicitly exempted. CHAND SINGH ALIAS HARCHAND SINGH vs BASANT KAUR ETC. - Punjab and Haryana, NITYA RANJAN CHATTERJEE VS CHITTA RANJAN CHATTERJEE - Calcutta, L. Rs. of Pandurang Dharmadhikari VS Kusumtai @ Malini W/o Vasantrao Bhagwat - Bombay
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Exceptions and Clarifications - Not all documents related to partition require registration, such as family settlements or certain memoranda of partition that do not qualify as formal deeds. The nature and purpose of the document determine its registration requirement. Joginder Singh VS Mohinder Singh - Punjab and Haryana, Harpal Singh VS Mohinder Singh - Punjab and Haryana
Analysis and Conclusion:
Generally, a formal partition deed that records the division of land among co-owners is compulsorily registrable under Section 17(1)(b) of the Indian Registration Act, 1908. Failure to register such a deed renders it inadmissible as evidence and may invalidate claims based on it. However, documents that are merely memoranda or informal arrangements, such as family settlements or non-formalized agreements, may not require registration. Courts consistently emphasize that the registration of partition deeds is crucial for their evidentiary value and legal enforceability.
Search Results for "Partition Deed Required Registration or Not"
1996 0 Supreme(P&H) 1590 • India - Punjab and Haryana
N.K.KAPOOR
RECITING LAND, CAMEL AND ORNAMENTS FALLING TO THE SHARE OF A COPARCENER - NOT A PARTITION DEED - REGISTRATION NOT REQUIRED. ... deed, and thus did not require registration. ... The trial court held the deed to be a memorandum of partition and not a partition deed, and thus not requiring registration....
2006 0 Supreme(Mad) 1487 • India - Madras
M.E.N.PATRUDU
of deed of partition is required not between members of family but joint purchasers of lands - District Registrar has to decide ... Stamp Act (2 of 1899), Section 47-A(1), Schedule I Article 45-A, No. 16 - Tamil Nadu Registration Manual, Standing Order 744 - Registration ... It is further stated that partition deed was presented for registration on 17.8.2005. ... In the instant case, the petitioners opted for registration....
2021 Supreme(Online)(KER) 9809 • India - High Court of Kerala
Devan Ramachandran, J
Finding of the Court: The court recognized that the Partition Deed was not fully registered as required, and noted ... the delayed registration of their Partition Deed. ... Registration - Partition Deed - Registration Act, 1908 - Sections 24, 25 - The court emphasized the necessity of following registration ... Exhibit P3 THE TRUE COPY OF THE REGISTERED PARTITION#HL_....
2023 Supreme(Online)(P&H) 8678 • India - High Court of Punjab and Haryana
Issues: Whether the partition deed required compulsory registration under Section 17 of the Indian Registration Act, 1908. ... PARTITION - REGISTRATION - COMPULSORY REGISTRATION - SECTION 17 OF THE INDIAN REGISTRATION ACT, 1908 - PARTITION DEED - CONNECTION ... REQUIRED. ... It is a writing, which merely states that there has in time past has been a partition,....
2012 0 Supreme(HP) 795 • India - Himachal Pradesh
RAJIV SHARMA
Ratio Decidendi: The court's decision was based on the failure to register the partition deed as required by the Registration ... The court found that the partition deed was not registered as required by Section 17(1)(b) and that the plaintiffs failed to prove ... P-1) was not registered as required by the Registration Act, 1908, and that the plaintiffs failed to prove adverse possession. ... Iqr....
2010 0 Supreme(Kar) 1052 • India - Karnataka
ANAND BYRAREDDY
deed and is required to be compulsorily registered. ... INDIAN REGISTRATION ACT, 1908 - Sections 17(1)(b) & 49: [Ananda Byrareddy, J] Document compulsorily registrable - Partition deed ... It was inadmissible in evidence for want of registration and could not have been relied upon as the basis to claim that there was ... This case does not again help the appellant to sustain the proposition put forth that the deed of parti....
1990 0 Supreme(Cal) 118 • India - Calcutta
PABITRA KUMAR BANERJEE, G.N.RAY
Therefore, the award was not required to be registered under Section 17(1)(b) of the Registration Act. ... Therefore, the award was not required to be registered under Section 17(1)(b) of the Registration Act. Issues: 1. ... parties and directed them to get a proper deed of partition registered. ... document and it was, therefore, held that such document was not required for registration under the....
2002 0 Supreme(P&H) 137 • India - Punjab and Haryana
V.K.BALI
settlement, and therefore required registration. ... deed requiring registration. ... deed, highlighting the need for registration in the latter case. ... require any registration. ... ... First of all this document is not proved to be a family settlement. Secondly this document is not a memorandum of partition at most this document is partition deed by which t....
2014 0 Supreme(Bom) 1543 • India - Bombay
Z.A.HAQ
Ratio Decidendi: The court held that the document was a partition deed and required registration under Section 17(1)(b) of ... Issues: The issues revolved around the admissibility of the partition deed dated 13th May, 1992, and whether it required registration ... 13th May, 1992, concluding it was a partition deed and inadmissible in evidence due to non-registration. ... The learned senior advoc....
1995 0 Supreme(Raj) 940 • India - Rajasthan
R.R.YADAV
The partition deed dated 10.1.1955 was not admissible in evidence as it required registration. 2. ... DEED - NOT RECEIVABLE IN EVIDENCE - SUIT FOR POSSESSION - DISMISSED. ... Whether the partition deed dated 10.1.1955 was admissible in evidence. 2. ... They also alleged that the so-called partition deed dated 10.1.55 is not receivable in evidence as it requires ....
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