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civil_laws:unregistered_family_settlement_deed

Unregistered Family Settlement Deed is Not Bad in Law

Unregistered family settlement seed can be relied upon by the Court even though it transfers Immovable Property.Such Transfer is not bad in law.

Thus, a large Scope has been created to settle landed properties between the Family Members even without payment of registration Charges, which are very heavy (in some states they are even 8% or more of the disclosed value).

This proposition is laid down in the matter of Ravinder Kaur Grewal Vs Manjit Kaur by Supreme Court on 31-07-2020 in the following words:

The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would be enforced if honestly made. The object of such arrangement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family, as observed in Kale. In the said reported decision, a three-Judge Bench of this Court had observed thus:—

“9. A family arrangement by which the property is equitably divided between the various contenders so as to achieve an equal distribution of wealth instead of concentrating the same in the hands of a few is undoubtedly a milestone in the administration of social justice. That is why the term “family” has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but even those persons who may have some sort of antecedent title, a semblance of a claim or even if they have a spes successionis so that future disputes are sealed for ever and the family instead of fighting claims inter se and wasting time, money and energy on such fruitless or futile litigation is able to devote its attention to more constructive work in the larger interest of the country. The courts have, therefore, leaned in favour of upholding a family arrangement instead of disturbing the same on technical or trivial grounds. Where the courts find that the family arrangement suffers from a legal lacuna or a formal defect the rule of estoppel is pressed into service and is applied to shut out plea of the person who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke the family arrangement under which he has himself enjoyed some material benefits.”

Created on 2020/11/05 19:36 by Japhin Raj • Last modified on 2020/11/07 18:32 (external edit)