Unregistered Family Settlement Admissible In Evidence Only If Agreement Is Confirmed With Approval Of All Family Members
Case: Krishnappa V Ashwathamma
Coram: Justice Sachin Shankar Magadum
Case No.: R.S.A.NO.87 OF 2010
Court Observation: “Family settlement involves participation and the same needs to be signed by all the members and there has to be an acknowledgment when the agreement is arrived at, free of duress and coercion within the family members. A family settlement is admissible in evidence provided that the agreement is confirmed with approval of all family members who firmly support resolution given in the agreement at a later date which does not require registration.”
“The main requirement of a family arrangement is that all the family members have to agree and such an agreement should indicate that rights and title of the parties to the arrangement is voluntarily accepted by all the members and the same is acknowledged under the very document.”
“One more requisite condition for a family arrangement is that each party to the agreement should recognize the right of other members, as they had previously asserted it, to the portions allotted to them respectively.”
“The document does not indicate that it is in the nature of family arrangement. The document does not indicate that all the family members have participated and therefore, the document is inadmissible in evidence. Secondly, the agreement is sought to be reduced into writing and therefore, it compulsorily requires registration. Ex.P-20 does not record previously negotiated terms but what can be gathered is under the document, plaintiff and defendant No.1 have agreed to take equal share and therefore, it is not a family arrangement but it amounts to a partition deed during the pendency of the suit and therefore, the said document requires registration and is subject to payment of stamp duty. ”
“The findings of the Trial Court is based on rebuttal evidence. Therefore, the Appellate Court erred in reversing the judgment and decree of the Trial Court by placing reliance on Ex.P-20.”
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Keywords
Unregistered Family Settlement,