Unregistered Partition Deed – Is not admissible in evidence for any purpose. Stamp Act, section 35; Registration Act section 17(1)(b) and 49(c):

The brief facts of the case are that the petitioner is the elder stepbrother of the first respondentplaintiff. The petitioner herein, his mother and his elder sister filed a suit against the first respondent herein and his elder sister for partition of the family land and the house property, the said suit was decreed. In the Appeal, the District Court allowed the Appeal in part and accordingly final decree was passed and in terms of the said final decree, the properties were partitioned and possession was delivered to each of the parties. Since then, the parties are in possession of their respective allotted shares. The first respondent herein filed a suit alleging that the petitioner herein has been attempting to trespass into the land allotted to him. The petitioner herein has admitted about passing of the decree in earlier suit and also about the execution proceedings, but his main version was that there was no actual delivery of the properties as per the proceedings in execution though it was only a paper delivery. His main case is that after conclusion of the execution proceedings, the parties were not satisfied and the disputes had not ended; hence both the parties approached the elders and as per the advice of the elders, the properties were again partitioned on 14-03-2004 and since then, the petitioner herein is in possession and enjoyment of those properties.

The further case of the petitioner is that, the settlement entered into before the elders was reduced into writing in the month of March, 2004 and signed by both the parties and attested by elders.

The first respondent-plaintiff opposed the marking of the said document. His case is that the parties have partitioned their properties long back and the first respondent-plaintiff is in possession and enjoyment of the plaint schedule properties and that the alleged partition deed, dated 14-03-2004 is a forged one and created for the purpose of this case. It is also his case that the said document requires registration and it is not stamped, so it cannot be looked into.

The Hon’ble Court observed that the document sought to be filed was nothing but a partition deed creating right and title in the lands said to have been allotted to the parties. It is settled law that registration of document which is to be required u/s 17(1)(b) of the Registration Act makes the document inadmissible in evidence. U/s 49(c) of the Registration Act, no document required by section 17 to be registered, shall be received as evidence of any transaction affecting the said property, unless it has been registered. Of course, the proviso says that an unregistered document affecting immovable property and required to be registered, may be received as evidence of a contract in a suit for specific performance or as evidence of part performance of a contract for the purpose of section 53-A of the Transfer of Property Act or as evidence of any collateral transaction not required to be affected by registration of instrument.

The A.P. Amendment Act 17 of 1986 came into force with effect from 16-08-1986 and definition of ‘instrument of partition’ u/s 2(15) of the Indian Stamp Act has been amended. Even a memo recording past partition is also brought within the definition of ‘instrument of partition’ by virtue of the said amendment. Thus, the argument that a document is merely a record of family arrangement, settlement or acknowledgment of prior partition and admissible for collateral purpose is no more available after the above amended provisions of Indian Stamp Act came into force. Section 35 of the Indian Stamp Act is very clear and creates a clear bar and therefore unstamped document is inadmissible in evidence for any purpose. Admittedly the alleged document i.e. partition deed is chargeable with duty. In view of the settled legal position i.e. the bar engrafted u/s 35 of the Indian Stamp Act is an absolute bar and therefore the document cannot be used for any purpose unlike the bar contained in section 49 of the Registration Act.