I1) n 2001 (1) CTC 112 [A.C.Lakshmipathy and another v. A.M.Chakrapani Reddiar and five others], the Division Bench of this Court elaborately considered the family arrangement/unregistered partition. After referring to relevant provisions from Indian Registration Act, 1908 and Stamp Act, 1899 as well as the decisions of the Supreme Court and also the earlier decisions of this Court, the Division Bench held as under:-
"42. To sum up the legal position (I)A family arrangement can be made orally.
(II)If made orally, there being no document, no question of registration arises.
(III)If the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and duly registered as per the Indian Stamp Act and Indian Registration Act.
(IV)Whether the terms have been reduced to the form of a document is a question of fact in each case to be determined upon a consideration of the nature of phraseology of the writing and the circumstances in which and the purpose with which it was written.
(V)However, a document in the nature of a Memorandum, evidencing aevidencing a family arrangement already entered into and had been prepared as a record of what had been agreed upon, in order that there are no hazy notions in future, it need not be stamped or registered.
(VI)Only when the parties reduce the family arrangement in writing with the purpose of using that writing as proof of what they had arranged and where the arrangement is brought about by the document as such, that the document would require registration as it is then that it would be a document of title declaring for future what rights in what properties the parties possess.
(VII)If the family arrangement is stamped but not registered, it can be looked into for collateral purposes.
(VIII)Whether the purpose is a collateral purpose, is a question of fact depends upon facts and circumstances of each case. A person can not claim a right or title to a property under the said document, which is being looked into only for collateral purposes.
(IX)A family arrangement which is not stamped and not registered cannot be looked into for any purpose in view of the specific bar in Section-35 of the Indian Stamp Act."
18. In 2001 (1) T.L.N.J. 191 [Venkatachala Moopar (died) and others v. Balasubramanian] and 2001 (3) CTC 328 [K.Pattabiraman v. K.Banumathi and four others], the single Judges of this Court held that "unregistered document though cannot be the basis for proving title can be looked into for deciding the nature and character of possession".
2) in your case partition deed is not stamped and regsitered . court can look into partition deed for collateral purpose for determining whether there is partition or not .
3) once partition has been made property ceases to be of ancestral nature and would be regarded as self acquired property
4) daughter would have share in self acquired of father and can claim their share
5) hence court may grant stay against creation of third party rights pending hearing and final disposal of the suit