Partition – Instrument of – Registration – Oral partition – It is well-settled that while an instrument of partition which operates or is intended to operate as a declared volition constituting or severing ownership and causes a change of legal relation to the property divided amongst the parties to it, requires registration u/s 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.
Evidence Act, 1872 — Section 91 , Registration Act, 1908 — Section 17, 17(1), 49 - Partition – Instrument of ...
