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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Naresh Chouhan S/o Late Adalat Chouhan – Appellant
Versus
Ganesh Chouhan S/o Late Adalat Chouhan – Respondent
| Table of Content |
|---|
| 1. claims over shared property and rent (Para 2 , 3 , 4) |
| 2. details of consent deed and property lease (Para 5 , 6) |
| 3. arguments regarding the consent deed's admissibility (Para 8 , 9) |
| 4. analysis of the consent deed's nature and effects (Para 11 , 19 , 20) |
| 5. family settlements do not require registration to be enforceable (Para 24 , 25 , 26) |
| 6. dismissal of appeals and order to bear costs (Para 37 , 39) |
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. Since both these appeals arise out of a common judgment and decree dated 28.07.2017 passed in Civil Suit No. 6757-A/2013, by learned Fourth Additional District Judge, Durg, they are heard together and are being decided by this common judgment.
2. For the sake of convenience, the parties will be referred to according to their respective status before the Trial Court.
3. First Appeal No.403 of 2017 is filed by defendant No.1 to 3 challenging the finding recorded by the learned trial Court, whereby learned trial Court decreed the suit in favour of the plaintiff to the effect that plaintiff is entitled for rent to the extent of 1/4 share of plot No.3 and 4, situated at Village Supela, Nehru Road and rent of seven shops situated on Plot No.A-6
Unregistered family arrangements can be enforceable if acted upon by the parties, despite mandatory registration requirements for certain documents.
The main legal point established in the judgment is the requirement for compulsory registration of documents that create or extinguish title in joint property, as well as the principles of family set....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
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....
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....
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