VidhiSangh

Supreme Court of India · 01/10/2021

KORUKONDA CHALAPATHI RAO & ANR. versus KORUKONDA ANNAPURNA SAMPATH KUMAR

[2021] 11 S.C.R. 836 · 2021 INSC 586

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Summary

The Court set aside exclusion of a family-arrangement memorandum and related receipt for want of registration and stamping, subject to limits on their use. The memorandum’s language recorded alleged past arrangements rather than itself creating or extinguishing property rights. Admitting such a record did not establish the disputed transactions or cure a need to register any underlying transfer. Collateral use likewise could not evade Section 49. The judgment did not determine the documents’ genuineness or the parties’ ultimate title.

Issues

  1. Whether the memorandum itself effected a transfer or merely recorded alleged past arrangements.
  2. Whether admission or collateral use of an unregistered document could establish transactions that required registration.
  3. Whether the memorandum’s character as a past record required its exclusion for want of stamp duty.

Provisions considered

Held

Result

Appeal allowed; High Court judgment excluding the documents set aside subject to the stated evidentiary limitations. No costs.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 836.