hi, in case of a partition suit for ancestral property, i see that,when a unreistered will is submitted as evidence by the defendant, the court forwards it a probate process and the suit goes pending until tht is probated. but if in case a un registered settlement deed is submitted, how will the court treat this .will it dismiss the unregistered doc right away from any consideration or will it be marked and goes through any probate process like the above.
R.Ramachandran (Advocate) 19 January 2018
Dear Shravan,
You have to come out with more facts.
There is no requirement for probate of the the settlement deed, whether it is registered or unregistered. Either it is admitted or not admitted. All will depend upon the pleadings of the parties and the evidence that would be lead by them.
Who is submitting the un-registered settlement deed?
What is that person exactly pleading while submitting the un-registered settlement deed?
Without knowing the pleading, it is not possible to answer your query.
TGK REDDI 19 January 2018
The document creates right. But decree can't be passed.
Ram Harakh Pathak (1923) 48 All 140, Neki Ram (1976) 76 Punj LR 780
(1873) 7 MHC (Appx) 26 Ramasami (1888) 12 Mad 148
Idu Jolaha (1917) 3 PLJ 386: 19 CrLJ 709: (1918) AIR (P) 274
Kashi Nath Naek (1897) 25 Cal 207
TGK REDDI 19 January 2018
I agree with Shri Ramachandran.
sir,
regarding the questions- this is for a partition suit case on ancestral property in kurnool,AP.
father and 2 sons(mother expired) ..1 son claims he had got settement deed from father while he is alive and the other son is not aware of it and consent not provided.son,with settlement deed, claims contnued possession for 30 yrs since the property is mutated to him.
@tgk reddi
when you say, document creates right but no decree pssed. please clarify..which is what my original question was...how will court arrive at a final decree when the document creates a right but decision cannot be made.
R.Ramachandran (Advocate) 19 January 2018
Please cut and paste the exact pleadings of the son claiming settlement deed. (Your summarising is not enough).
If you feel not comfortable in posting the pleadings in this Forum, you may (if you so wish - but certainly no compulsion) send a copy of the pleadings of both of you to my email-id rrc@inbox.com
Pl. note, only if you wish, you pl. send through email. Otherwise, YOU NEED NOT SEND.
TGK REDDI 19 January 2018
Your doubt about my Reply is genuine. I too had the same doubt before posting my reply.
But I gave some reliances. I couldn't see them in the net. You may try please.
Thank you very much.
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