Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 1908 – ss.17 and 49 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Registration Act, 1908 (16 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Registration Act, 1908 – ss.17 and 49 – Admissibility ofdocument in evidence – Appel lant-plaintiff and respondentdefendantafter death of their father, recorded a memorandum ofsettlement as decided by their father regarding his self-acquiredproperties – Plaintiff claimed that defendant broke open the lockof the house and took possession of the house – Civil suit was filedby the plaintiff for decree of possession and permanent injunctionagainst the defendant – In suit, plaintiff also filed the memorandumof settlement evidencing family settlement – Defendant filedapplication u/Or. XIII, r.3 claiming that memorandum of settlementbeing not properly stamped and not being a registered documentwas not admissible in evidence – Trial Court allowed the application– Writ petition filed against the order of trial Court dismissed byHigh Court – On appeal, held: After the death of plaintiff ’s father,defendant and their mother as well as sisters became the legal heirsunder Hindu Succession Act inheriting the property being class Iheirs – The memorandum of settlement divided the entire propertybetween plaintiff and defendant which document was also claimedto be signed by their mother as well as sisters – Since, there wasrelinquishment of the rights of other heir of the properties, thememorandum of settlement was compulsorily registrable u/s.17 ofthe Registration Act – Document being not stamped could not havebeen accepted in evidence – Trial Court was right in holding thedocument as inadmissible – Code of Civil Procedure, 1908 –Or. XIII, r.3 – Hindu Succession Act, 1956.Registration Act, 1908 – s.17 – Unregistered document –Partition Suit – Whether the document which is inadmissible inevidence could be used for any collateral purpose – Held: In a suitfor partition, an unregistered document can be relied upon for collateral purpose i.e. severancy of title, nature of possession ofvarious shares but not for the primary purpose i.e. division of jointproperties by metes and bounds – Further, an unstamped instrumentis not admissible in evidence even for collateral purpose, until thesame is impounded – In instant case, document may be admissiblein evidence for collateral purpose provided the appellant gets thedocument impounded and pay the stamp duty together with penalty. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 260 |
Petitioner | Sita Ram Bhama |
Respondent | Ramvatar Bhama |
SCR | [2018] 10 S.C.R. 503 |
Judgement Date | 2018-03-23 |
Case Number | 3171 |
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