Partition-Family-Settlement-Relinquish- Registration

--- Registration - Partition, Family Settlement, Relinquish----

                                   

- Basically as per registration act every document which is creating or extinguishing right , title , or interest in immovable property of value of one hundred rupees and upward is require registration.

- But memorandum of  family settlement of oral partition already arrived at and acted upon by family members does not require registration.

- Even though family arrangement may be oral in such case no registration is necessary.

- After family settlement family members are estopped from denying if  it's bona fide , equitable and not be induced by fraud , coercion , undue influence.

- The basic object of family settlement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family.

- Oral relinquishment/surrender of share in a joint family property is valid.

- The registered document operates from the date of execution , not from the date of registration.

- If any document required registration as per registration act but not registered shall not be admissible in evidence .

------------ Relevant Provision --------------

- Section 17, 19 of Indian Registration Act 1908.

====== Relevant Judgement ======

- Gangadhar P. Harde v/s Uttam P. Harde 2008 (2) Mh.L.J.334 = 2008(3) All.M.R.152.

- Principal Secretary , Government of Karnataka and Another v/s Ragini Narayan and Another A.I.R.2016 S.C.4545 = 2017 SAR 72 .

- Subraya M.N. v/s Vitthala M.N. A.I.R.2016 S.C.3236 = 2016 SAR 772.

- Yellapu Uma Maheswari v/s Buddha Jagadheeswararao 2016 SAR 226 .

- Ravindra Karu Grewal & Ors v/s Manjit Kaur & Ors 2020 SAR 839.

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