Does an agreement which merely contemplates a further registered instrument require registration?
Coram: Justice R.Sakthivel
An agreement which merely contemplates a further registered instrument does not require registration.
No. An agreement which merely contemplates a further registered instrument does not require registration. The nomenclature and the terms of the document show that it is an agreement to respect the panchayat partition and to reduce its terms into a legal document and register the same in future; it is not a partition deed. (¶30)
Indian Stamp Act, 1899 — Sch.I Art.5(j) — Specific Relief Act, 1963 — Panchayat partition agreement — Family arrangement — Registration — Admissibility — Family arrangement — Semblance of a claim — Entitlement to enter into a partition — Held: A member holding a semblance of a claim is entitled to enter into a family arrangement, and a pre-existing title is not a condition of doing so. (¶28) Registration — Agreement contemplating a further registered instrument — Registration not required — Held further: An agreement that records a panchayat partition and contemplates a further registered instrument is not a partition deed and need not be registered. (¶30) Indian Stamp Act, 1899 — Sch.I Art.5(j) — Stamp on an agreement — Ten rupee stamp paper sufficient — Held further: Such an agreement written on a ten rupee stamp paper is sufficiently stamped, and the concurrent finding of inadmissibility cannot stand. (¶30) Specific Relief Act, 1963 — Enforcement of a panchayat partition agreement — Suit for specific performance — Held further: The remedy is a suit for specific performance of a registered partition deed, not a suit for declaration or for partition. Second appeal allowed in part. (¶32, 33)
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