Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 49 1908 – ss. 17(1)(b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Registration Act, 1908 (16 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Registration Act, 1908 – ss. 17(1)(b), 49 – Partition – Family Settlement, if required registration – Suit filed by respondent inter alia for declaration of title over the plaint schedule property and eviction of the appellants – Appellants filed the evidence affidavit and sought to mark Kharurunama - the family settlement and a receipt, allowed by trial court – High Court held that the documents being unregistered and unstamped were inadmissible in evidence – On appeal, held: Words used in the document referred to the arrangements allegedly which the parties made in the past – It does not purport to by itself create, declare, assign, extinguish or limit right in properties and thus, the Khararunama may not attract s.49(1)(a) – If the Khararunama by itself, does not ‘affect’ immovable property, being a record of the alleged past transaction, though relating to immovable property, there would be no breach of s.49(1)(c), as it is not being used as evidence of a transaction effecting such property – Being let in evidence is different from being used as evidence of the transaction – Mere admission, in evidence of the Khararunama and the receipt would not produce any legal effect on the immovable properties in question – Further, in view of the nature of the Khararunama, being record of the alleged transactions, it may not require to be stamped – Impugned judgment set aside – Transfer of Property Act, 1882 – Code of Civil Procedure, 1908 – Or.13, rr.3, 4 – Deeds and Documents. Registration Act, 1908 – Proviso to s.49, exceptions under – Discussed. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 586 |
Petitioner | Korukonda Chalapathi Rao & Anr. |
Respondent | Korukonda Annapurna Sampath Kumar |
SCR | [2021] 11 S.C.R. 836 |
Judgement Date | 2021-10-01 |
Case Number | 6141 |
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