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June 2009

Family arrangement : If Family arrange-ment is for relinquishment of any immovable property it requires registra-tion — Registration Act, Sec. 17.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. Family arrangement : If Family arrange-ment is for
    relinquishment of any immovable property it requires registra-tion — Registration
    Act, Sec. 17.

In a suit for partition an alleged oral family arrangement
was relied in the written statement of the defendants. It was not known as to
when and on which date such oral arrangement took place and in whose presence.
There was no clinching evidence in that regard. The Hon’ble Court observed
that the law was clear on the point that family arrangement could be oral, but
if it was to be recorded it should be by way of memorandum so as to dispel
hazy notion about such oral arrangement and it should not be in evidence of
it. If it is in evidence of relinquishment of any immovable property it would
require registration within the meaning of Section 17 of the Registration Act.

[D. V. Narayana Sah & Ors. vs. A. G. Nagammal & Ors.
AIR 2009 (NOC) 1061 (MAD.)].

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