Partition deed - Excluding coparcener amounted to infringement of his right - whether he had given consent for such exclusion or not - Parties directed to approach Civil Court.

Citation

AIROnline 2023 MAD 552

Madras High Court

S. M. SUBRAMANIAM , J.

WP - 14790 of 2023 D/- 5 - 6 - 2023

S.Ramasamy v. District Registrar (Salem West), Salem

Registration Act (16 of 1908), S.17 - Registration of partition deed - Refusal - On ground

that coparcener was excluded from partition deed and respective portion of property of each

coparceners not demarcated - Properties were allotted in favour of excluded coparcener by

family members, hence his presence may not be required - Excluding coparcener amounted

to infringement of his right whether he had given consent for such exclusion or not - Parties

directed to approach Civil Court.

 (Para 5)