VidhiSangh

Supreme Court of India · 23/03/2018

SITA RAM BHAMA versus RAMVATAR BHAMA

[2018] 10 S.C.R. 503 · 2018 INSC 260

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Summary

The Supreme Court held that a document dividing inherited property between two brothers and relinquishing the other heirs’ rights was a family settlement requiring registration, rather than a mere record of an earlier arrangement. Its primary use to prove the division was inadmissible without registration. The appeal was nevertheless partly allowed: collateral use remained possible after impounding and payment of stamp duty and penalty, subject to proof and relevance.

Issues

  1. Whether the document was a mere memorandum of an earlier arrangement or itself an operative family settlement.
  2. Whether the unregistered and unstamped document could be admitted for a collateral purpose.

Held

Result

Appeal partly allowed. Compulsory-registration finding upheld; collateral admission permitted after impounding and payment of stamp duty and penalty, subject to proof and relevance.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 503.