9911796707
TMI Blog2007 (4) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... ler HUFs. Details of the properties owned by the said HUFs are mentioned in the annexure to the suit. 2. The appellant and the respondents herein filed is No. 2592/2001 under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) for compromise. Paragraphs 2, 3 and the prayer clause in the application are relevant and are reproduced below: 2. That the parties are in relation to each other. The plaintiffs are children of the defendants no. 2 to 5 and Nos.7 to 10, and the defendants No. 2 to 5 are the sons of the defendants No. 1 and 6. The parties are constituents of various bigger and smaller HUFs, viz S.P. Jain (HUF) and others. 3. That during the pendency of the present proceedings, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mp Act is paid. Office note dated 4th May, 2002 to this affect was prepared. 5. The appellant filed an application being I.A. No. 13902/2006, which was dismissed vide the impugned Order dated 13th December, 2006 passed by the learned Single Judge. Learned Single Judge in the impugned Order has held that no family arrangement much less oral family agreement of partition was alleged and Therefore the parties must comply with the office note of the Registry and only on payment of stamp duty the parties will be entitled to the decree-sheet. 6. A Partition Deed is an instrument of partition and has been defined in Section 2(15) of the Stamp Act. The said investment is chargeable to duty as per Schedule 1, Article 45 of the Stamp Act. Stamp duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtition which has already taken place but does not in praesenti create any right, it cannot be treated as an instrument creating partition. [ Refer, Tek Bahadur Bhujil v. Debi Singh Bhujil and Ors. reported in AIR1966SC292 ), Bakhtawar Singh v. Gurdev Singh reported in : (1996)9SCC370 , Kale v. Dy. Director of Consolidation reported in [1976]3SCR202 , Roshan Singh v. Zile Singh reported in AIR 1988 SC 881 and Bachan Singh v. Kartar Singh and Ors. reported in JT2001(10)SC64 .] 9. In view of the legal position explained above, it follows that a decree of partition is an instrument of partition and Therefore is required to be stamped under Schedule 1 of Article 45 r/w Section 2(15) of the Stamp Act. However, an oral family settlement dividing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt or any of the co-sharers want to have a decree of partition prepared by the Registry, they shall have to file valuation report and also pay stamp duty. 11. One more clarification is required. Clause (a) to (c) of Section 17(1) of the Registration Act deals with the documents which require compulsory registration. A decree of partition requires registration under Section 17(1)(b) of the Registration Act. However, by virtue of Section 17(2)(vi), Clause (b) to Section 17(1)(b) would not apply to any decree or order of a Court except the decree or order expressed to be made on a compromise and comprising immovable properties other than that which is the subject matter of the suit or proceedings. [See, P.K. Nangia v. Land Development Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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