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    Family Settlement - Nuts and Bolts

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    vganapathy1000
    Family settlements are agreements among family members to settle disputed inheritance rights or preserve family property and peace. They require an antecedent claim to the property, consideration of family amity, and can be oral. While not binding on non-signatories, those who benefit from the agreement cannot contest it. The settlement acknowledges existing claims rather than transferring title, so registration is not needed unless the agreement is intended as a document of title. A family settlement does not necessarily end a joint family status.

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    Family Settlement - Nuts and Bolts

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    vganapathy1000
    95 views3 pages
    Family settlements are agreements among family members to settle disputed inheritance rights or preserve family property and peace. They require an antecedent claim to the property, consideration of family amity, and can be oral. While not binding on non-signatories, those who benefit from the agreement cannot contest it. The settlement acknowledges existing claims rather than transferring title, so registration is not needed unless the agreement is intended as a document of title. A family settlement does not necessarily end a joint family status.

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    all details abt settlement deed

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    Family settlements are agreements among family members to settle disputed inheritance rights or preserve family property and peace. They require an antecedent claim to the property, consideration of family amity, and can be oral. While not binding on non-signatories, those who benefit from the agreement cannot contest it. The settlement acknowledges existing claims rather than transferring title, so registration is not needed unless the agreement is intended as a document of title. A family settlement does not necessarily end a joint family status.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    95 views3 pages

    Family Settlement - Nuts and Bolts

    Uploaded by

    vganapathy1000
    Family settlements are agreements among family members to settle disputed inheritance rights or preserve family property and peace. They require an antecedent claim to the property, consideration of family amity, and can be oral. While not binding on non-signatories, those who benefit from the agreement cannot contest it. The settlement acknowledges existing claims rather than transferring title, so registration is not needed unless the agreement is intended as a document of title. A family settlement does not necessarily end a joint family status.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    3/24/2020 Family Settlement - Nuts and Bolts

    Family Settlement - Nuts and Bolts


    lawyersclubindia.com/articles/Family-Settlement-Nuts-and-Bolts-9146.asp

    One of the Deeds which seems to escape the axe of section 17(2) of the registration Act is the
    Family Settlement.

    In Halsbury's Laws of England a Family Arrangement has been defined as 'An Arrangement
    between the members of the same family intended to be generally and reasonably for the benefit
    of the family either by compromising doubtful or disputed rights or preserving family property or
    peace and security of the family by avoiding litigation or by saving its honour.

    As per the definition, the agreement is among the members of the family, for
    settlement/arrangement of a property /properties and the consideration is the peaceful settlement
    / avoidance of litigation.

    Requisites of Family Arrangement as listed out in M.N. Aryamurthi vs. M.L. Subbaraya Sastri[1]
    are as follows:

    1. There must be an agreement between the members of the family for the benefit of the family.
    2. The agreement should be for settling doubtful or disputed rights and secure peace and security
    of the family and avoid litigation.
    3. The consideration for the agreement is the amity and goodwill among relations.

    Added to the above in Kale & Others vs. Deputy Director Of Consolidation[2] the Supreme
    Court of India has ruled that a

    1. It must be voluntary and not induced by fraud, coercion or undue influence

    2. It may be even oral.

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    3/24/2020 Family Settlement - Nuts and Bolts

    3. Registration is necessary only if the terms are reduced to writing but where the memorandum
    has been prepared after the family arrangement either for the purpose of record or for information
    of court, the memorandum itself does not create or extinguish any rights in immovable property
    and, therefore does not fall within the mischief of s. 17(2) of the Registration Act and is not
    compulsorily registrable;

    4. The parties to the family arrangement must have some antecedent title, claim or interest, even
    a possible claim in the property, which is acknowledged by the parties to the settlement.

    Though the definition says that the settlement has to be between the members of the family
    however, in Zaheda Begum vs. Lal Ahmed Khan[3]., it was held that family settlement can take
    within its fold persons outside the purview of succession.

    Family arrangement is not binding on a person who is not a signatory to the agreement. So also a
    person who was a signatory to the agreement and accepted and made improvements to his share
    of the property, it was held the family settlement is acted upon[4]. Also in Kale vs. Deputy Director
    mentioned above, it was stated by the Apex Court 'the rule of estoppels is applied to shut out the
    plea of the person who being a party to the family arrangement, seeks to unsettle a settled
    dispute and claims to revoke the family arrangement under which he has himself enjoyed some
    material benefits".

    The premise on which Registration is not made compulsory for the Family Settlement is that there
    is an antecedent title, claim, interest or possible claim in the property[5]. Since there is no
    transfer, hence that explains why a conveyance is not needed to pass title[6]. Since there is an
    antecedent title the agreement merely acknowledges and defines what a title is, the members of
    the parties relinquish all claims to the property except to that which falls to his share.

    The Family agreement can be oral but a memorandum can be prepared as a record of what has
    been agreed upon. The memorandum does not require registration if to be used as a chronicle of
    events. But if it is intended to be used as a document of title for declaring for future what rights in
    what parties possess (a document on which future rights of the parties are founded) then the
    document would require registration[7].

    Now coming to the question whether Family settlement brings to an end the joint family status of
    the family not unless it is effected to be so.

    Family Settlement avoids litigation amongst members of a family but the allusion is the existence
    of mutual respect, trust and affiliation in the family.

    Reference:

    The Transfer of property Act Dr.Hari Singh Gour


    Ram Charan Das Vs. Girija Nandini Devi A.I.R 1966 SC323
    Kisto Chandra Mandal V. Anila Bala Dasi Mst A.I.R 1968 Pat 487
    M.Pappu Reddiar V. Amaravathi Ammal A.I.R 1971 Mad. 182Kasturchand Chotamal V.
    Kapurchand Kewal Chand A.I.R. 1975 M.P. 136 at 140
    Mostla Sharada Devi V. Chandbala Devi A.I.R 2007 Pat 162

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    3/24/2020 Family Settlement - Nuts and Bolts

    Ramdev Food Products Pvt Ltd V. Arvindbhai Rambhai Patel A.I.R 2006 S.C. 3304
    Mariyamma Thomas V. Remi Joseph A.I.R 2009 (NOC) 1076
    D.V.Narayana Sah V. A.G. Nagammal A.I.R 2009 (NOC) 1061 (Mad)

    [1] A.I.R. 1972 S.C. 1279


    [2] A.I.R 1976 S.C. 807
    [3] AIR 2010 A.P. 1at 5
    [4] Gurucharan Ram vs. Tejwant Singh A.I.R 2008 (NOC) 1650 at p 494; K.Jagannathan v.A.M.
    Vasudevan Chettiar A.I.R 2001 Mad 184.
    [5] Jagdish Vs. Rajwanti A.I.R 2008 P&H 27 at 30.
    [6] Sahu Madho Das Vs. Mukund ram A.I.R 1955 S.C. 481
    [7] T.B.Bhujil v. D.B.Bhujil A.I.R 1966 S.C 292

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