AIR 1962 ANDHRA PRADESH 443 ::(1962) 1 Andh WR 230 ::(1962) 1 AndhLT 337 ::ILR (1962) A P 1109

Andhra Pradesh High Court

Hon'ble Judge(s): P. Satyanarayana Raju, Ananthanarayana Ayyar , JJ

Registration Act (16 of 1908) , S.49, S.17— Stamp Act (2 of 1899) , S.35— Unregistered and insufficiently stamped partition deed - Effect - Document not admissible in evidence - Other evidence to prove terms of partition not admissible. A combined reading of Sections 17 and 49 of the Registration Act shows clearly that an unregistered partition deed cannot affect any immovable property comprised therein. Where the terms of a partition arrangement have been reduced to writing in the form of a document, and that writing was inadmissible in evidence due to its being insufficiently stamped under Section 35 of the Stamp Act in addition to its being unregistered under Ss.17 and 49 of the Registration Act, the effect would be as if there was no valid partition at all and other evidence to prove the terms of the partition or the details thereof is inadmissible and barred. Not being properly stamped and not being registered invalidate the transaction altogether and no question of admissibility of the document will arise. The Court can only regard the property as still belonging to the joint family and the party, relying upon an invalid partition, should bring a suit for a partition on the basis of co-ownership. .....