SCALE (1)391
ACT:
Registration Act, 1908 : SS. 17(1)(b) & 49: Partition-
Document containing list of properties allotted to parties-
Recital of past ... partition of their
residential properties including the house, ghers, ghetwars
etc. The factum of partition was embodied in the memorandum
of partition
Registration Act,
1908 (hereinafter referred to as “the Act” for the sake of brevity).
Section 49 of the Act was also pressed into service ... Indian
Registration Act, 1866, or the Indian
Registration Act, 1871, or the Indian
Registration Act, 1877, or this Act came or
comes into force, namely
being omitted in the Act of 1887 and the present Registration Act of 1908.
C
onsequently, an instrument effecting a partition is compulsorily registrable under ... that the partition lists are inadmissible in evidence and that no evidence of partition aliunde can be given and that the partition
Registration Act 8 of 1871, or the Registration Act 3 of 1877 or this Act came into force namely:
(a) Instruments of gift of immovable ... must do so by registered instrument as. provided in the Act. Partition, release surrender, are all forms of transfer of immovable property
Evidence Act or in the Registration Act to prevent him from showing that there was in fact a prior partition between him and the plaintiff ... with a suit for fresh partition and that the circumstances that the earliest partition was evidenced by an unregistered partition deed will not render proof
unregistered partition deed and the said partition deed is hit under Section 17 of Indian Registration Act. Stating that Appellant-Defendant has brought about ... evidence, trial Court held that under Section 17 of Indian Registration Act, partition deed is compulsorily registrable and Ex.B1-unregistered document cannot
view:
"Memoranda of partition, when unregistered, cannot be allowed to prove the fact of partition or the terms of partition, neither of which ... them and a partition was thus effected between them. The fact of the partition is thus proved by this memo of partition even though
stamped under the Stamp Act and to be registered under the Registration Act . The Stamp Act defines an "instrument" as follows ... Stamp Act . The Stamp Act requires only certain kinds of instruments to be stamped. Unless EX. A4/DWI is an instrument of partition
this section partition means any partition made by execution of a deed of partition duly registered under the Registration Act ... Section 6 , partition means any partition made by execution by deed of partition duly registered under the Registration Act, 1908 or partition effected
mischief of Section l7(l)[b) of the
" Registration Act . But partition in the former sense of
?>
defining the shares only, without specific ... reason of Section'§:1~ of the Act,
1872.
(2) Partition 1istsV',_\vh_ich_V records of a
previous_1y cbmpieted between
