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june 2016

Supreme Court of India · 2016-06-29

Smt.Ajambi (Dead) By Lr vs Roshanbi And Others

Citation / case number
AIRONLINE 2016 SC 613
Court
Supreme Court of India
Petitioner
Smt.Ajambi (Dead) By Lr
Respondent
Roshanbi And Others
Author
Anil R. Dave
Bench
Adarsh Kumar Goel, Anil R. Dave

Judgment text excerpt

The Supreme Court held that the memorandum of partition dated 12th August, 1958, which was not registered, could not be relied upon as valid evidence for partition under the Registration Act, 1908. The Court emphasized that unregistered documents affecting immovable property are inadmissible in evidence as per Section 17 of the Act. Consequently, the High Court's decision to allow the appeal and set aside the lower Appellate Court's ruling was upheld, denying the plaintiffs' claim for a 7/8th share in the suit property.

Smt.Ajambi (Dead) By Lr vs Roshanbi And Others · Niyam