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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Kurian Joseph, R. Banumathi , JJ

(A) Registration Act (16 of 1908) , S.49, S.17— Family arrangement - Admissibility in evidence - Panchayat resolution reduced in writing - Explaining settlement arrived at between parties and conduct of parties in receiving of money from defendant in lieu of relinquishing their interest in property - Could be taken as family arrangements/settlements - Though not registered, can be used as piece of evidence. Evidence Act (1 of 1872) , S.91— In the instant case even though recitals in the Ex.D22, resolution of panchayat is to the effect of relinquishment of right in items No.1 and 2, of property Ex.D22 could be taken as family arrangements/settlements. There is no provision of law requiring family settlements to be reduced to writing and registered, though when reduced to writing the question of registration may arise. Binding family arrangements dealing with immovable property worth more than rupees hundred can be made orally and when so made, no question of registration arises. If, however, it is reduced to the form of writing with the purpose that the terms should be evidenced by it, it required registration and without registration it is inadmissible; but the said family arrangement can be used as corroborative piece of evidence for showing or explaining the conduct of the parties. In the present case, Ex.D22 panchayat resolution reduced int....