Code of Civil Procedure,1908 ; Order XIII, Rule 3 –
Indian Stamp Act, 1899 : Art. 45, Sec. 35 –
Indian Registration Act, 1908; Sec.17,49 –
Hindu Succession Act, 1955...
Read MoreCode of Civil Procedure,1908 ; Order XIII, Rule 3 –
Indian Stamp Act, 1899 : Art. 45, Sec. 35 –
Indian Registration Act, 1908; Sec.17,49 –
Hindu Succession Act, 1955 –
Civil Procedure Code, 1908; Order VII Rule 11—Difference between Memorandum of family settlement and Family Settlement – the alleged memorandum of family settlement divided the entire property between plaintiff and defendant and there is relinquishment of the rights of other heirs of the properties and as such it is Family Settlement and not memo (Para 11) – memo does not create any right -- the document was compulsorily registrable under Section 17 of the Registration Act as there was relinquishment of share – it should be stamped in proper manner as specified in the Indian Stamp Act – document also being not stamped could not have been accepted in evidence (Para 13) -- whether the said document could have been accepted by the trial court in evidence or not -- whether the said unregistered and properly not stamped document which was inadmissible in evidence could have been used for any collateral purpose -- Held: the same are not admissible in evidence for the purpose of proving primary purpose of partition – unstampped instrument is not admissible in evidence even for collateral purpose, until the same is impounded by paying stamp with penalty.
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