Korukonda Chalapathi Rao v. Korukonda Annapurna Sampath Kumar

Registration Act, 1908 – Sections 17(1)(b) and 49 – Family Settlement – Unregistered Family Settlement “Khararunama” – Non testamentary instruments – Effect of non-registration of documents required to be registered – A document in the nature of a Memorandum, evidencing a family arrangement already entered into and had been prepared as a record of what had been agreed upon, in order that there are no hazy notions in future, it need not be stamped or registered.

Registration Act, 1908 – Sections 17(1)(b) and 49 – Family Settlement – Unregistered Family Settlement “Khararunama” – Transaction or the past transactions cannot be proved by using the Khararunama as evidence of the transaction.

Stamp Duty – Khararunama, being record of the alleged transactions, it may not require to be stamped.

Case Law Reference

  1. Thulasidhara v. Narayanappa, (2019) 6 SCC 409
  2. Sita Ram Bhama v. Ramvatar Bhama, (2018) 15 SCC 130
  3. Subraya M.N. v. Vittala M.N., (2016) 8 SCC 705
  4. Yellapu Uma Maheswari v. Buddha Jagadheeswararao, (2015) 16 SCC 787
  5. SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. Private Ltd., (2011) 14 SCC 66
  6. A.C. Lakshmipathy v. A.M. Chakrapani Reddiar, AIR 2001 Madras 135
  7. Roshan Singh v. Zile Singh, AIR 1988 SC 881
  8. Kale v. Dy. Director of Consolidation, AIR 1976 SC 807
  9. Krishna Beharilal v. Gulabchand, AIR 1971 SC 1041
  10. Ram charan v. Girja Nandini, AIR 1966 SC 292
  11. Kirpal Kaur v. Bachan Singh, AIR 1958 SC 199
  12. K. Panchapagesa Ayyar v. K. Kalyanasundaram Ayyar, AIR 1957 Madras 472
  13. Muruga Mudallar v. Subba Reddiar, AIR 1951 Madras 12
  14. N. Varada Pillai v. Jeevarathnammal, AIR 1919 PC 44