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february 2003

Supreme Court of India · 2003-02-05

N. KHADERVALI SAHEB(DEAD)BY LRS. vs N. GUDU SAHIB (DEAD) .

Citation / case number
SC 1993/17539
Court
Supreme Court of India
Petitioner
N. KHADERVALI SAHEB(DEAD)BY LRS.
Respondent
N. GUDU SAHIB (DEAD) .
Author
ARUN KUMAR
Bench
M.B. SHAH,ASHOK BHAN,ARUN KUMAR.

Judgment text excerpt

The Supreme Court held that an award distributing the residue assets of a partnership firm upon dissolution does not require registration under Section 17 of the Registration Act, 1908. The Court reasoned that such an award does not create or transfer new rights in property, as the assets belong to the partners themselves, and the distribution merely reflects their existing ownership interests. Consequently, the Court overturned the lower courts' decisions that required registration, affirming the validity of the arbitration award.

N. KHADERVALI SAHEB(DEAD)BY LRS. vs N. GUDU SAHIB (DEAD) . · Niyam