Back
ANIL KSHETARPAL
Indar Krishan Mehta – Appellant
Versus
Kewal Krishan Mehta (since Deceased) Through Lrs – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral) - The plaintiff has filed the present appeal assailing the correctness of the judgments and decrees passed by both the courts below whereby his suit for grant of declaration, to the effect that he is the owner in possession of half share of property i.e House no.81 Sector 19 A Chandigarh, on the basis of memorandum of family settlement has been dismissed.
2. After having heard the learned counsel representing the parties, this Court is of the opinion that the following questions of law arise for consideration :-
A) In a suit for grant of declaration with respect to an exclusive inter se dispute between two brothers, whether the remaining family members or the State Government or the municipal authority are necessary parties?
B) Whether it is appropriate for the court to travel beyond the scope of the suit asserted in the pleadings of both the parties?
3. Some facts are required to be noticed. The appellant before this Court is the plaintiff (Indar Krishan Mehta). The defendant in the suit was late Shri Kewal Krishan Mehta, who is now represented by his legal representatives namely Smt. Saroj Mehta and Ms Monita Mehta. In the present case, the dispute
The main legal point established in the judgment is the distinction between necessary and proper parties in a suit, and the binding nature of the relief of declaration only on the parties to the suit....
Family settlements may not require registration if agreed upon previously, as affirmed by established legal principles.
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 is the binding nature of family settlements, the recognition of family settlements as a mechanism to maintain harmony and reduce litigation within families, and the e....
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....
The family settlement, though unregistered, operated as estoppel against the signatories and partitioned the suit properties among the plaintiff and Defendants 1 to 3. The plaintiff was estopped from....
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....
An unregistered document that creates or extinguishes rights in immovable property for the first time requires mandatory registration. If such a document is the sole basis of a suit and lacks registr....
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
