NDLI: Shyam Narayan Prasad Vs. Krishna Prasad and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Law – Mitakshara law – Property allotted to son in partition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Registration Act, 1908 (16 of 1908) Transfer of Property Act, 1882 (4 of 1882)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Hindu Law – Mitakshara law – Property allotted to son in partition – Whether retains character of coparcenery property – Held: Share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue – After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship – On facts, properties acquired by son in the partition although are separate property qua other relations but it is a coparcenary property in so far as his sons and grandsons are concerned – Plaintiffs being his sons and grandson have a right in the said property – It cannot be said that the suit filed by the plaintiffs challenging the document executed between their father and uncle was not maintainable. Deeds and Documents – Exchange deed – Admissibility in evidence – On facts, two brothers transferred the ownership of their respective properties through deed of exchange – One building also subject matter of the exchange deed, value of which exceeded Rs. 100/- and was not registered – Held: Since the exchange deed had the effect of creating and taking away the rights in respect of an immovable property-building, it required registration – Being an unregistered document, it could not be taken into account to the extent of the transfer of an immovable property – It is inadmissible in evidence and as such can neither be proved u/s. 91 nor any oral evidence can be given to prove its contents – Thus, the High Court rightly discarded the exchange deed – Transfer of Property, 1882 – ss. 118, 54 – Registration Act, 1908 – ss. 17, 49 – Evidence Act, 1872 – s. 91.
Judge	Hon'ble Mr. Justice S. Abdul Nazeer
Neutral Citation	2018 INSC 556
Petitioner	Shyam Narayan Prasad
Respondent	Krishna Prasad And Ors.
SCR	[2018] 5 S.C.R. 36
Judgement Date	2018-07-02
Case Number	5415

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