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December 2014

Family Settlement – Registration – Document not compulsorily registrable –Registration Act, section 17:

By Dr . K. Shivaram Senior Advocate; Ajay R. Singh Advocate
Reading Time 2 mins
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Vikaram Singh & Anr. vs. Ajit Indersingh; AIR 2014 Del 173

The learned Single Judge held that Memorandum of Family Settlement not being a registered document was inadmissible in evidence and also held that family arrangements are governed by special equities and principles applicable to dealings between strangers do not apply to dealings within the family.

On appeal, the division Bench held that the tenth recital records that a family settlement was being reduced into writing because it had already been acted upon by the parties. Thus, it is clear that the Deed of Family Settlement is a Memorandum i.e., a written record of what the parties had orally agreed upon at an earlier point of time and had acted thereupon. The second thing which emerges is that parties have acknowledged antecedent title. Thus, the court agreed with the view taken by the learned Single Judge in view of the law declared in the decisions. AIR 1958 SC 706 Nanibai & Ors. vs. Geeta Bai Kom Rama Gunge, AIR 1976 SC 807 Kale & Ors. vs. Deputy Director of Consolidation & Ors., and AIR 2007 SC 18 Hansa Industries vs. Kidar Sons Industries Ltd. The Deed of Family Settlement does not require any registration u/s. 17 and is a document admissible in evidence.

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