this Section partition means any partition made by
execution of a deed of partition duly registered under the
Registration Act ... partition or partition by unregistered document which is
not followed by partition by metes and bounds on the one
hand and oral partition or partition
Hindu Succession Act, 1956 (the principal
Act, for brevity) as amended/substituted by the Parliament by the
Amendment Act, 2005 (Act 39 of 2005) reads ... Section, partition means any partition made by execution of a
deed of partition duly registered under the Registration Act, 1908 or
partition effected
explained that
„partition‟ means any partition made by
execution of a deed of partition duly registered
under the Registration Act ., 1908 or partition
effected ... whether
the partition has been effected before December
20,2004 by deed of partition duly registered
under the Registration Act, 1908 or by a decree
Plaintiff Bidhi Chand filed a suit for
possession, by way of partition, with respect to his share
in the suit land. Defendants resisted the suit ... have
ignored the provisions of the Code of
Civil Procedure and Partition Act in
ordering the preliminary decree for
partition in favour of the plaintiff
this section "Partition"
means any partition made by execution of a deed of
partition duty registered under the Registration Act ... even claim benefit
under Sec.6 A of Hindu Succession Act (Karnataka Amendment Act).
There is some force in the argument of the learned advocate
this section
"partition" means any partition made by execution
of a deed of partition duly registered under the
Registration Act ... absence of any partition undertaken by
execution of a deed of partition duly registered under
the Registration Act, 1908 or a partition effected
metes and bounds. In other words there
was no prior partition and the partition for the first time took
place with execution of said instrument ... together and partition the suit
property in metes and bounds vide partition deed in
question which being compulsorily registrable under 1908
Act and being
provisons of Transfer of Property
Act , fall within the proviso to Section 49 of the
Registration Act. The partition deed is required to be
registered ... provisions of Registration Act ,
therefore, proviso to section 49 of Registation Act is not
attracted in so far as the partition deed is concerned
counsel for plaintiffs denies the
execution of Ex.D3-partition deed, regarding
partition between Gayathri Devi, Jyothi and
defendants 1 to 3 and denies ... Act, 1908 , Sections 17(1)(b) and
49 - Karnataka Stamp Act, 1957 , Section 35 -
Indian Evidence Act, 1872 , Section 91 -
Document purporting to be partition
amended Hindu Succession Act presupposes a
condition precedent that Hindu undivided family should be existence
on day when amendment act came into force.
Counsel ... retrospect. In the absence of any partition
undertaken by execution of deed of partition duly registered under
Registration Act or partition effected by decree
