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