AIR 1976 SUPREME COURT 807 ::1976 RevDec 355 ::1976 HinduLR 441 ::1976 3 SCC 119 ::1976 2 All LR 173 ::1976 3 SCR 202

Supreme Court Of India

(From : Allahabad)+

Hon'ble Judge(s): V. R. Krishna Iyer, R. S. Sarkaria, S. Murtaza Fazal Ali , JJJ

Hindu Law - Family Settlement - Principles - Necessity of registration - Party to a settlement - Antecedent titleSpecial Appeal No. 640 of 1965, D/- 17-5-1966 (All), Reversed.AIR 1961 Pat 79 and AIR 1963 Pat 62, Overruled. Contract Act (9 of 1872) , S.2(d), S.10— Transfer of Property Act (4 of 1882) , S.5, S.9— Registration Act (16 of 1908) , S.17— Evidence Act (1 of 1872) , S.115— 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.(Para 10 27 28) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence.(Para 10 29) The family arrangement may be even oral in which case on registration is necessary. The 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 memorandu....