**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.