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JASPREET SINGH
Ram Milan – Appellant
Versus
Kripa Shanker – Respondent
| Table of Content |
|---|
| 1. overview of property dispute and family arrangement. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. arguments regarding admissibility of family settlement. (Para 15 , 16 , 19 , 20 , 21 , 22) |
| 3. discussion on the nature of family settlements. (Para 24 , 27 , 33 , 35 , 37) |
| 4. judicial precedents concerning registration of family settlements. (Para 25 , 26 , 28 , 29 , 30 , 31 , 32 , 38 , 41) |
| 5. conclusion: appeal dismissed. (Para 43) |
JUDGMENT
Jaspreet Singh, J
Heard Sri Vibhanshu Srivastava, learned counsel for the appellant and Sri Rakesh Chaudhary, learned counsel for the respondents.
2. The instant second appeal was admitted on the substantial questions of law framed in the memo of appeal as (a) (b) and (d) and they read as under:-
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.
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....
Unregistered family arrangements can be enforceable if acted upon by the parties, despite mandatory registration requirements for certain documents.
A family settlement intended to transfer property rights must be registered; otherwise, it is inadmissible as evidence.
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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