partition has
been effected among the male members. The oral partition alien to the Hindu
law, the above partition has been acted upon. Hence ... hand. It is
only where an oral partition or partition by unregistered document
is not followed by partition by metes and bounds, evidenced by
entries
presented by the petitioner in
accordance with the provisions of the Registration Act, 1908 .
For Petitioner : Mr.T.Arockia Dass
For Respondents : Mr.Yogesh Kannadasan ... Registration Act, 1908 .
2. The respondent has refused to register the document only on the
ground that original partition deed has not been produced
Writ of Mandamus, directing the first respondent to cancel the partition
deed dated 21.05.2018 registered as document No.986 of 2018 on the file ... before the first respondent to
cancel the partition deed under Section 77-A of the Registration Act. Having
entertaining the application, no action has been
Indian Evidence Act for proving the documents which have been registered in accordance with the provisions of Indian Registration Act .
19. That apart, the beneficiary ... towards the above act, the documents which were duly registered, but were not denied specifically, cannot be assailed in the mere partition suit. The plaintiff
Indian Evidence Act for proving the documents which have been registered in accordance with the provisions of Indian Registration Act .
19. That apart, the beneficiary ... towards the above act, the documents which were duly registered, but were not denied specifically, cannot be assailed in the mere partition suit. The plaintiff
Petitioner that an
enquiry notice under Section 77-A of the Registration Act was issued by the
1st Respondent/District Registrar (Administration) to the Petitioner ... order, besides the Petitioner also
misrepresented as if there was a oral partition and registered the document.
Based on the above complainant notice has been
suit has been filed only
in the year 2005 for mere partition. Admittedly, as per Government Order 128,
http://www.judis ... been challenged.
15. In this regard, Section 31 of the Specific Relief Act as follows :
“31. When cancellation may be ordered.—(1) Any person
against
suit properties are originally
allotted to the first defendant in a partition effected among his
brother and father on 28.4.1992. Further, the recitals would show ... amendment brought in under Section 17(1A) of the
Registration Act. The same reads as follows:
Section 17 in The Registration Act , 1908
17. Documents
trial Court has dismissed the
suit filed by the plaintiffs for partition. Challenging the same, the present appeal
came to be filed by the plaintiffs ... appellants, there is no compliance under Section 69
of the Evidence Act. Therefore, the Will cannot be relied upon to deny the valid
rights
file of the
respondent and consequently, direct the respondent to register the partition
deed, dated 4/1/2023, executed between the petitioners.
2. The case ... Soolagiri Taluk, Krishnagiri District. When the
petitioners had decided for partition, they presented the partition deed, on
4/1/2023 with the respondent
