a memorandum regarding past partition is also brought within the definition of 'instrument of partition' by A.P. (Amendment) Act 17 of 1986 w.e.f. 16-08-1986. By virtue of the said amendment, a memorandum regarding past partition also amounts to instrument of partition requiring same duty as a bottomry bond for the amount or the market value of the separated share or shares. Even assuming that the disputed document is only a memorandum of past partition, still it is required to be drafted on stamp paper as per the market value of the share. The disputed document is, therefore, insufficiently stamped. "An unregistered partition deed is admissible in evidence and can be looked into for non-suiting the claims for partition on the ground of prior partition, as long as the said document is not used as the source of title to any of the properties which erstwhile coparceners hold as a result of that partition." The above proposition is not disputed. In the above case also it is observed that the document is admissible in evidence as long as it is not used as source of title. In the present case, which is not a suit for partition but is a suit filed for declaration on the ground that the plaintiffs are the absolute owners of the property, the defendants sought to produce the disputed document to non-suit the plaintiffs and to prove their contention that they are the absolute owners of the property, as they got the same in a family partition.?

a memorandum regarding past partition is also brought within the definition of 'instrument of partition' by A.P. (Amendment) Act 17 of 1986 w.e.f. 16-08-1986. By virtue of the said amendment, a memorandum regarding past partition also amounts to instrument of partition requiring same duty as a bottomry bond for the amount or the market value of the separated share or shares. Even assuming that the disputed document is only a memorandum of past partition, still it is required to be drafted on stamp paper as per the market value of the share. The disputed document is, therefore, insufficiently stamped.

"An unregistered partition deed is admissible in evidence and can be looked into for non-suiting the claims for partition on the ground of prior partition, as long as the said document is not used as the source of title to any of the properties which erstwhile coparceners hold as a result of that partition." The above proposition is not disputed. In the above case also it is observed that the document is admissible in evidence as long as it is not used as source of title. In the present case, which is not a suit for partition but is a suit filed for declaration on the ground that the plaintiffs are the absolute owners of the property, the defendants sought to produce the disputed document to non-suit the plaintiffs and to prove their contention that they are the absolute owners of the property, as they got the same in a family partition.?

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