AI Overview...
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Partition Deeds and Registration under Law - Section 17 of the Registration Act, 1908, mandates that certain documents, including those related to partition, must be registered to be valid. Several sources confirm that a registered deed of partition, executed on a proper stamp paper, satisfies the legal requirements under Section 17 of the Registration Act (e.g., V.Shree Gandhi vs Kalamani - Madras, P. Mani VS M. Sangeetha - Madras, Sri Krishna Pandey son of Ram Nagina Pandey VS Ram Nagina Pandey son of Jagarnath Pandey - Patna, V. N. Perumal VS K. Ramamoorthi - Madras).
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Legal Recognition of Partition Deeds - A registered deed of partition is recognized as conclusive evidence of the partition agreement, especially when executed with proper registration, signatures of all parties, and compliance with procedural requirements. For instance, in P. Mani VS M. Sangeetha - Madras, the definition of partition explicitly includes deeds registered under the Registration Act.
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Oral vs. Registered Partition - The law favors written and registered deeds for establishing partition rights. An oral partition, without a registered deed, is often considered invalid or insufficient for legal recognition, as indicated in Sri Krishna Pandey son of Ram Nagina Pandey VS Ram Nagina Pandey son of Jagarnath Pandey - Patna.
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Court Proceedings and Registration - Courts require proper registration of partition deeds for enforcement and validation. Several cases, such as R. Rajaraman VS R. Surendran - Madras and Rapolu Lakshmamma VS Rapolu Yadagiri - Andhra Pradesh, highlight that suits for partition often involve seeking court orders for partition based on registered deeds or seeking to validate such deeds.
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Implication for Act 17 of 1986 - While the sources primarily discuss the Registration Act of 1908, they reinforce that Section 17 is central to the validity of documents like partition deeds. There is no explicit mention of Act 17 of 1986 in the context of partition deeds; however, the consistent emphasis on the Registration Act's provisions suggests that Act 17 of 1986 does not specifically address or alter the registration requirements for partition deeds under law and registration.
Analysis and Conclusion
Based on the provided sources, Act 17 of 1986 does not specifically speak of partition deeds under law and registration. Instead, the relevant legal framework is the Registration Act, 1908, particularly Section 17, which mandates the registration of partition deeds for them to be valid and enforceable. The law emphasizes that registered deeds, written on proper stamp paper and executed with proper formalities, are recognized as conclusive evidence of partition. Therefore, the primary legal reference regarding the registration of partition deeds remains the Registration Act, 1908, and not Act 17 of 1986.
Search Results for "Whether Act 17 of 1986 Speaks of Partition Deeds under Law and Registration"
2025 Supreme(Online)(Mad) 63558 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
... ... Issues: The main issues addressed were whether the plaintiff relinquished her share and if the Trial Court's judgment was ... (A) Code of Civil Procedure, 1908 - Section 96 and Order XLI Rule 33 - Partition Suit - Appeal against Trial Court's decree granting ... under the Partition Deed dated September 25, 1981, despite evidence indicating otherwise, including the plaintiff's admission in ... Ex-B.34 is a registered document written on a Rs.600/- stamp paper and thus, satisfies the requirement of Section 17 of t....
2017 0 Supreme(Mad) 3915 • India - Madras
C.V.KARTHIKEYAN
Registration Act – Section 17 – Civil Procedure Code, 1908 – Order 32 rule 15, Order 41 Rule 27 – Partition ... about the release deed and for that they must have approached the court, seeking part performance and compulsory registration of ... Principal Sub Judge, Trichy, dismissing the said suit – Appellant herein was the Plaintiff in OS. – Said suit had been filed, seeking partition ... Whether the Plaintiff is entitled for partition as claimed? .....
2020 0 Supreme(Pat) 466 • India - Patna
ADITYA KUMAR TRIVEDI
Hindu Law – Partition – Controversy as to whether there was oral partition in year 1980 – Constitution of ... aside – Partition allowed. ... , then memorandum of partition would have been prepared having signature of all coparceners and not registered deed of partition ... Apart from this, as indicated hereinabove, coupled with Section 17 of the Registration Act, the document by which, right is being transferred, v....
2003 0 Supreme(AP) 55 • India - Andhra Pradesh
V.V.S.RAO
Benami Transactions (Prohibition) Act, 1988 – Partition Act, 1893 – Section 32 – Code of Civil Procedure ... – Rule 1 Order XXIII – Schedule Property – Partition – The plaintiffs, respondents 1 to 3 herein, filed the suit being on the file ... of the Court of IV Additional Judge, City civil Court, Hyderabad, for partition of plaint schedule properties – The trial Court ... It is only with regard to the second stage, namely, division of properties in different shares and allotment thereof to the various ....
2021 0 Supreme(Del) 972 • India - Delhi
JAYANT NATH
Whether the plaintiff is entitled to a decree of partition as prayed for? OPP 11. ... Whether the gift deeds are hit by Section 16 of the Indian Contract Act, 1872? Onus to prove on both parties 9. Whether Mrs. ... Suit for partition of suit property bearing No. 60, Ring Road, Lajpat Nagar III, New Delhi and possession after partition of the ... Whether the plaintiff is entitled to a decree of partition as prayed f....
2013 0 Supreme(Mad) 2334 • India - Madras
G.RAJASURIA
Indian Evidence Act, 1872 - Section 112 - Hindu Succession (Amendment) Act, 2005 – It was the contention of the Appellant that he ... For the purposes of new Section 6 it is explained that "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court. ... In light of a clear provision contained in the Explanation appended to sub-section (5) of Sec....
2003 0 Supreme(Mad) 1126 • India - Madras
P.SHANMUGAM, R.BANUMATHI
to the benefit of the Act-Whether entitled to exclude the moratorium period. ... Tamil Nadu Debt Relief Act, 1979-Redemption of mortgage-Suit filed-As alleged by plaintiff defendants are agriculturist entitled ... Nos.38 and 69 of 1986 and the planitiffs in O.S. Nos.40 and 65 of 1986 are his brothers. He speaks about the consideration in those mortgages. Though he had been impleaded as the respondent in O.S. No.114 of 1970, the partition suit filed by defendants, he s....
2015 0 Supreme(Mad) 1826 • India - Madras
R.MALA
Forgery - Property Dispute - Registration Act, Section 28 - The judgment discusses the validity of a sale deed (Ex.A1) and the ... There was a partition between family members and the partition deed was marked as Ex.X7 dated 16.11.1994. The first and second defendant are close friends. ... C.Rajaram and others) and submits that Section 28 of the Registration Act requires that every registrable document shall be presented for registration in the office of a Sub-Registr....
2013 0 Supreme(P&H) 1219 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
(A) Registration Act, 1908, S.68--Cancellation of sale deed--Held, Registrar has got only superintending control on Sub-Registrar ... (Para 12) ... (B) Registration Act, 1908, S.68--Cancellation of sale ... (Para 14) ... (D) Registration Act, 1908, S.68--Cancellation of sale ... ... The twin important questions of law that fall for consideration of this Court are: ... (i) Whether the Registrar had any jurisdiction to cancel the sale deed under the #....
2001 0 Supreme(AP) 1373 • India - Andhra Pradesh
GHULAM MOHAMMED
- Equal shares - Separate possession - Partition of plaint schedule properties - Whether provisions of Act will have overriding ... have been sold in and also as to estimated value of future profits - No material is adduced on behalf of plaintiff to show as to whether ... effect against - Appeal has been preferred by plaintiff appellant against decreed judgment - Seeking for partition of plaint schedule ... Whether the partition pleaded by the 1st defendant in the yea....
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