AIR 1993 MADHYA PRADESH 65

Madhya Pradesh High Court

Hon'ble Judge(s): D. M. Dharmadhikari , J

Hindu Law - Partition - Proof of Memorandum of partition - Not registered - Inadmissible in evidence - Can be used for collateral purpose of proving intention of partition - Oral evidence to prove partition can also be let in. Registration Act (16 of 1908) , S.17— Evidence Act (1 of 1872) , S.91— When there is partition between the members of the joint family, the memorandum of such partition, though inadmissible in evidence for want of its compulsory registration, can be used for collateral purpose to prove the intention of the coparcener to become divided in status and to show that they had ceased to be joint from the date of instrument. Oral evidence can also be adduced to prove separation in status of parties and an agreement between them to enjoy the joint family property in separation. Oral evidence is not hit by any bar contained in Section 91 of the Evidence Act.(Para 6 7) .....