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Supreme Court Of India

Hon'ble Judge(s): A. M. Khanwilkar, Dinesh Maheshwari , JJ

Registration Act (16 of 1908) , S.17(2)(v)— Registration of document - Necessity - Document in question being memorandum of family settlement and not document containing terms and recitals of family settlement - Not required to be registered. (Para 16 18 19) The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would been forced if honestly made. In the present case the document was nothing but a memorandum of a family settlement. The established facts and circumstances clearly establish that a family settlement was arrived at in 1970 and also acted upon by the concerned parties. That finding of fact recorded by the first appellate Court being unexceptionable, it must follow that the document was merely a memorandum of a family settlement so arrived at. Resultantly, it was not required to be registered and in any case, keeping in mind the settled legal position, the contes....