AI Overview...
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Unregistered and Unstamped Partition Deed - General inadmissibility
Multiple sources confirm that unregistered and unstamped partition deeds are generally inadmissible as evidence in court proceedings, especially for proving the partition itself or rights arising therefrom. Courts consistently hold that such documents cannot be looked into for any purpose, including collateral or evidentiary purposes, unless they are duly registered and stamped.
Arumugam @ Babu VS A. Durairaj - Current Civil Cases, Gunasekara Pothiraja vs Saraswathi - Madras, S.Balamurugan vs R.Punithavathi - Madras, Godaba Madhu VS Rai Anandam - Orissa -
Collateral Purpose Exception
Some rulings acknowledge that unregistered and unstamped documents may be used for collateral purposes, such as establishing the existence of a partition or rights, but only under specific conditions and with proper stamp duty paid. Even then, their admissibility is limited and subject to court scrutiny, and oral evidence cannot substitute the document's formal requirements.
Periyasamy VS Selvambal & Another - Madras, M. Periyakaruppan VS Nachiyappan - Madras, K. Bhaskara Rama Murthy VS K. Satyavathi Devi - Andhra Pradesh -
Stamp Duty and Registration Requirements
The law mandates that partition deeds must be duly stamped and registered to be admissible. An unregistered or unstamped partition deed, even if it reflects the actual partition, cannot be used as primary evidence. If such a document is subsequently stamped and registered, it may become admissible, but prior unregistered versions remain inadmissible for proving partition rights.
KOMMIREDDY BHASKARA RAMA MURTHY VS KOMMIREDDY SATYAVATHI DEVI - Andhra Pradesh, K. Bhaskara Rama Murthy VS K. Satyavathi Devi - Andhra Pradesh -
Legal Position and Court Rulings
Courts have consistently held that unregistered and unstamped partition deeds are not admissible as evidence, and attempting to mark such documents is generally rejected. The primary concern is ensuring legal formalities are met to prevent fraud and preserve evidentiary integrity.
S.Balamurugan vs R.Punithavathi - Madras, Godaba Madhu VS Rai Anandam - Orissa
Conclusion:
Unregistered and unstamped partition deeds are inadmissible in court for proving partition or rights, though they may sometimes be used for collateral purposes if duly stamped later. The legal requirement of registration and proper stamping is strict, and courts do not permit unregistered, unstamped deeds to serve as primary evidence in partition disputes.
Search Results for "Unregistered and Unstamped Parition Deed Mark"
• India - Current Civil Cases
J.NISHA BANU
partition deed, the same should not be permitted to be marked and that even for collateral purpose, unregistered and unstamped document ... impugned particularly when plaintiff themselves sought to mark unregistered partition deed only for collateral purpose and thus ... to mark unregistered partition deed men for collateral purpose—Trial Court dismissed the application—Revision—....
2024 Supreme(Online)(MAD) 42685 • India - High Court of Madras
Mrs. Justice K. Govindarajan Thilakavadi, J
Registration Act and held that unstamped and unregistered document cannot be looked into for any purpose. ... We hold that the document in question is being an unstamped and unregistered, the same cannot be looked into for any purpose. Similarly, oral evidence cannot be let in about the contents of the said document. ... Since it is an un-registered and un-stamped release deed the petitioners sought for the permission of this Court to collect the deficit stamp duty and to mark the ....
2025 Supreme(Online)(Mad) 66829 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
... ... Issues: The main issues concern the admissibility of an unstamped and unregistered document in partition proceedings and ... suit; the trial Court rejected this request due to the document’s unstamped and unregistered nature. ... (A) Indian Evidence Act, 1872 - Relevance of documents in court proceedings - Unstamped and unregistered documents cannot be admitted ... However, the plaintiff only seeks for dismissal of the suit for partition, re....
2010 0 Supreme(Mad) 1259 • India - Madras
M.JAICHANDREN
a release deed, dated 6.9.1993, as it was unstamped and unregistered. ... Finding of the Court: The court found that the release deed was unstamped and unregistered, and while it could be used ... Ratio Decidendi: The court held that an unstamped and unregistered document could be used for a collateral purpose, but in ... It is not in dispute that the document sought to be marked by the petitioner is unstamped and unreg....
2024 0 Supreme(Mad) 2598 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.GOVINDARAJAN THILAKAVADI
The defendants sought to admit a release deed, which was unregistered and unstamped, to establish a lack of plaintiff's interest. ... (Paras 6, 7) ... ... (B) Evidence - Admissibility of unstamped and unregistered documents - The ... Division Bench ruling affirmed that unstamped and unregistered documents cannot be considered for any purpose, including collateral ... We hold that the document in question is being an unstamped and unregist....
2009 0 Supreme(Mad) 557 • India - Madras
S.PALANIVELU
of an unregistered and unstamped Koorchit (Partition Deed) and its relevance for collateral purposes. ... Fact of the Case: The petitioner, fourth defendant in a partition suit, sought to admit an unregistered and unstamped ... Issues: Admissibility of unregistered and unstamped Koorchit as evidence for collateral purpose. ... He has enumerated the particulars of documents, in which, the eighth document is Koorchit, which is #HL_....
2003 0 Supreme(AP) 1479 • India - Andhra Pradesh
G.YETHIRAJULU
by metes and bounds - Above decisions of various High Courts make position clear that an unregistered partition deed duly stamped ... Amendment to stamp Act - Evidence of the separate allotment - Stamp duty at the rate prevailing - Andhra High Court held that an unregistered ... deed of partition filed in Court can be used to see if there was a division in status but it is inadmissible for proving division ... But, an unregistered instrument of partition#HL_....
2008 0 Supreme(Mad) 281 • India - Madras
G.RAJASURIA
- The court discussed the admissibility of an unregistered and unstamped document for collateral purpose, the duty of the court to ... Issues: Admissibility of unregistered and unstamped document for collateral purpose, duty of the court to assess stamp duty ... Unregistered Partition Deed - Civil Revision Petition - Section 17(1)(b) of the Registration Act, Section 35 of the Stamp Act ... partition deed, but he wants to ....
2017 0 Supreme(Ori) 245 • India - Orissa
A.K.RATH
unregistered partition deed - admissibility in evidence - The court held that an unregistered partition deed is inadmissible in ... Fact of the Case: The defendant sought to mark an unregistered partition deed as exhibit in a suit for declaration ... Issues: Admissibility of unregistered partition deed in evidence for collateral purpose Ratio Decidendi: An #H....
2003 0 Supreme(AP) 1471 • India - Andhra Pradesh
G.YETHIRAJULU
deed through which partition has been affected between parties and rights of parties have been worked out - Since document is on ... petitioner that it cannot be marked is not sustainable – Held, Carefully going through contents of document court of view that it is a partition ... But, an unregistered instrument of partition which was originally unstamped, if and when it becomes duly stamped, is admissible in evidence, even though it continues to be unregistered, for ....
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