Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Suman Singh Virk – Appellant
Versus
Deepika Prashar – Respondent
| Table of Content |
|---|
| 1. family settlement details and disputes. (Para 3 , 4 , 5 , 6 , 10) |
| 2. court analysis of family settlement validity. (Para 11) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal has been filed by the Appellants under Section 96 read with Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, [CPC] read with Section 10 of the DELHI HIGH COURT ACT , 1966 assailing a judgment dated 04.10.2024 [hereinafter referred to as ‘Impugned Order’] passed by the learned Single Judge in CS(OS) 71/2015 captioned Deepika Prashar & Anr. vs. Suman Singh Virk & Anr
2. By the said Judgment, the learned Single Judge decreed partition of property being L-1/8, South Extension Part-II, New Delhi [hereinafter referred to as ‘suit property’] and directed the Appellants (Defendants before the learned Single Judge) to handover possession of one-half (1/2) of the fourth floor of the suit property to the Respondents (Plaintiffs before the learned Single Judge). By the Impugned Order, the Appellants/Defendants were further directed to pay mesne profits of Rs.48,000/- per month from 07.01.2015, i.e. the date of institution of the suit till delivery of vacant and physical possess
A Family Settlement does not require registration if it does not create or extinguish rights, and the doctrine of estoppel applies if acted upon by family members.
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....
A memorandum of partition acknowledging pre-existing rights does not require registration, distinguishing it from a deed of partition that creates new rights.
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
