Oral partition memorandum not compulsorily registrable when it only records an already completed family partition.

A joint family partition may be effected orally irrespective of property value. Where the partition has already been completed by oral agreement, a later memorandum that merely records the earlier partition does not create a new jural relationship and is only evidence of the past transaction. Such a memorandum is not an instrument effecting partition and is therefore not compulsorily registrable. The referred question was answered in the negative.

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Issues: Whether a memorandum recording a prior oral partition of joint family properties was compulsorily registrable.

Analysis: A partition of joint family properties can be effected orally irrespective of the value of the property. Where the partition has already taken place by oral agreement, a later memorandum merely records the factum of partition and does not create a new jural relationship. Such a document is only evidence of an earlier completed partition and is not an instrument effecting the partition itself.

Conclusion: The memorandum dated May 1, 1957 was not compulsorily registrable, and the answer to the referred question was in the negative.

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