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.