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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Mohan Lal Jain (Died Through Lrs) – Appellant
Versus
Tejkaran Jain S/o Late Kunwar Lal Jain – Respondent
JUDGMENT :
Narendra Kumar Vyas, J.
1. This is plaintiffs’ second appeal filed under Section 100 of Civil Procedure Code, 1908 against the judgment and decree dated 23.11.2016 passed by the learned Additional District Judge, District Raipur (C.G.) in Civil Appeal No. 2A/2011 by which the appeal has been dismissed against the judgment and decree dated 11.10.2010 passed by the learned 16th Civil Judge, Class-II, Raipur (C.G.) in Civil Suit No. 30A/2009 dismissing the suit filed by the plaintiffs.
2. The parties have been described as per their description before the trial Court in Civil Suit No. 30A/2009.
3. The second appeal has been admitted by this Court on 01.07.2025 on the following substantial question of law:-
“Whether both the Courts below were justified in dismissing claim of the plaintiff/appellant on the count that the family settlement is not properly stamped, registered and attested in violation of provisions of Registration Act, 1908?”
4. Brief facts as reflected from the record are that:
(a) The plaintiffs have filed a suit on 21.04.2009 for declaration and permanent injunction before learned 13th Civil Judge, Class-II Raipur mainly contending that the plaintiff and defendant
A family settlement intended to transfer property rights must be registered; otherwise, it is inadmissible as evidence.
The main legal point established in the judgment is the admissibility and validity of a Family Settlement Deed, emphasizing that it does not require registration if it does not create or extinguish a....
Family settlements may not require registration if agreed upon previously, as affirmed by established legal principles.
Point of law : Family property - Settlement - Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said adm....
Point of law: Family property – Settlement – Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said admi....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
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