SITA RAM BHAMA versus RAMVATAR BHAMA

SITA RAM BHAMA versus RAMVATAR BHAMA

The document dated 09.09.1994, being a family settlement that relinquishes rights of other heirs, is compulsorily registrable under Section 17 of the Registration Act, 1908. As it was not stamped or registered, it is inadmissible in evidence, except for collateral purposes (such as severancy of title or nature of possession) provided stamp duty and penalty are paid and the document is impounded.

Parties
Appellant/plaintiff: Sita Ram Bhama; Respondent/defendant: Ramvatar Bhama
Jurisdiction
India
Judgment Date
23 March 2018
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by High Court Affirming Trial Court Order
Outcome
Appeal partly allowed
Legal Topics
Family Settlement, Partition, Admissibility of Evidence, Registration and Stamping of Documents
Property Law Civil Procedure Family Settlement Partition Admissibility of Evidence Registration and Stamping of Documents

Case Brief

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Parties

Sita Ram Bhama

Appellant/plaintiff

Ramvatar Bhama

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court Affirming Trial Court Order

Legal Issues

  1. 1 Whether the memorandum of family settlement dated 09.09.1994 is a compulsorily registrable document
  2. 2 Whether the document is admissible in evidence without stamping and registration
  3. 3 Whether an unregistered, unstamped family settlement can be used for collateral purpose

Ratio Decidendi

The document dated 09.09.1994, being a family settlement that relinquishes rights of other heirs, is compulsorily registrable under Section 17 of the Registration Act, 1908. As it was not stamped or registered, it is inadmissible in evidence, except for collateral purposes (such as severancy of title or nature of possession) provided stamp duty and penalty are paid and the document is impounded.

Court Disposition

Appeal partly allowed

Orders

  • The document dated 09.09.1994 shall be admissible in evidence for collateral purpose subject to payment of stamp duty and penalty.
  • The decision of the trial court and High Court holding the document as compulsorily registrable is upheld.