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Supreme Court of India 2018-03-23 partly_allowed

Sita Ram Bhama vs Ramvatar Bhama

Bench: 2 — Ashok Bhushan

In Brief

The Supreme Court examined whether a 1994 memorandum recording a property partition effected by the deceased father in 1992 required compulsory registration. The Court held that despite being labeled a 'memorandum,' the document was a compulsorily registrable family settlement because it effected relinquishment of other legal heirs' rights. Being unstamped and unregistered, it was inadmissible for proving the partition itself. However, the Court partly allowed the appeal, permitting the document to be used for collateral purposes (establishing severance of status or possession) if the party paid stamp duty and penalty and got the document impounded."

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Registration of Documents Stamp Duty Family Settlement Partition of Property Admissibility of Evidence Succession Law

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