REGISTRATION ACT, 1908 — Section 49 — Unregistered document — Collateral purpose An unregistered document, even if compulsorily registrable, may be looked into under the proviso to Section 49 for the limited collateral purpose of: proving severance in status, or showing nature and character of possession, provided the document does not itself effect the partition. (Paras 24–25)

advocatemmmohan

REGISTRATION ACT, 1908 — Sections 17(1)(b) & 49 — Partition — Document recording past partition — Registration — When not required

A document which merely recites or records a partition already completed does not itself create or declare rights in immovable property and therefore does not require registration under Section 17(1)(b) of the Registration Act.
(Paras 19–22)

---

REGISTRATION ACT, 1908 — Section 17(1)(b) — Instrument of partition — Test

For attracting compulsory registration, the document must by its own force operate or purport to operate to create or declare rights in immovable property.
A mere recital of what has already taken place cannot be construed as an instrument of partition.
(Paras 20–21)

---

PARTITION — Nature — Continuing state of facts

Partition, unlike sale or transfer, is not a single act but a continuing state of facts.
If parties actually divide their estate and agree to hold in severalty, partition is complete even without any document.
(Para 23)

---

PARTITION — Oral partition — Validity

Partition may validly be effected orally.
If the oral partition is subsequently reduced into writing, registration is required only when the writing itself is intended to effect the partition.
(Paras 21–22)

---

DOCUMENT — Mere list of properties — Instrument of partition — Distinction

A mere list of properties allotted to the respective shares of parties does not constitute an instrument of partition and does not require registration.
Such list is admissible in evidence as it only records past events.
(Paras 21–22, 26)

---

REGISTRATION ACT, 1908 — Section 49 — Unregistered document — Collateral purpose

An unregistered document, even if compulsorily registrable, may be looked into under the proviso to Section 49 for the limited collateral purpose of:

• proving severance in status, or

• showing nature and character of possession,

provided the document does not itself effect the partition.
(Paras 24–25)

---

COLLATERAL TRANSACTION — Meaning

Collateral transaction means a transaction independent of the creation or declaration of rights in immovable property and not required by law to be effected by a registered instrument.
(Para 24)

---

FAMILY ARRANGEMENT — Settlement of competing claims

Where parties set up competing claims and disputes are resolved by mutual settlement on the footing of antecedent title, the arrangement does not amount to transfer of property and does not fall within the mischief of Sections 17 and 49 of the Registration Act.
(Paras 27–29)

---

FAMILY SETTLEMENT — Equity — Judicial approach

Family arrangements entered into to preserve peace and amity in the family must be upheld by courts and construed liberally.
(Paras 28–29)

---

REGISTRATION ACT — Effect of non-registration

If a writing itself embodies the expression of will effecting partition and is intended to be the sole repository of rights, registration is compulsory; failing which, Section 49 bars its admission in evidence.
(Paras 21–22)

---

HELD

The document Exh. P-12 was not an instrument of partition but a memorandum recording past events and a mere list of properties allotted.
It did not require registration and was admissible in evidence; in any event, it was usable for collateral purpose under the proviso to Section 49 of the Registration Act.

---

RESULT

Appeal dismissed with costs.