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Essentials of family settlement

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked about 3 years ago

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Data?1494421730 rohit awasthi answered about 3 years ago

Dear friend > Essentials of family settlement 1. Should be for the benefit of the family in general. 2. Must be bona fide, honest and voluntary and it should not be induced by fraud, coercion or undue influence. 3. The purpose should be to resolve present or possible family disputes and rival claims not necessarily legal claims by a fair and equitable division of the property amongst various members. 4. The parties must have antecedent title, claim or interest. Even if a possible claim in the property which is acknowledged by the parties to the settlement will be sufficient. 5. The consideration for entering into family arrangement should be preservation of family property, preservation of peace and honour of the family and avoidance of litigation Thanks

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered about 3 years ago

**ESSENTIALS OF FAMILY SETTLEMENT** 1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family. (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence. (3) The family arrangement may be even oral in which case no registration is necessary. (4) It is well-settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the Court for making necessary mutation. In such a case, the memorandum itself does not create or extinguish any rights in immovable properties and, therefore, does not fall within the mischief of Section 17 (2) (sic) (Section 17 (1) (b)) of the Registration Act and is, therefore, not compulsorily registrable. (5) The members who may be parties to the family arrangement must have some antecedent title, claim or interest or even a possible claim in the property which is acknwoledged by the parties to the settlement. Even if one of the parties of the settlement has no title but, under the arrangement, the other party relinquishes all its claims or titles in favour of such a person and acknowledges him to be the sole owner, then the antecedent title must be assumed and the family arrangement will be upheld and the Courts will find no difficulty in giving assent to the same. Thanks

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