How to appreciate evidence in case of unregistered family settlement?
Even though recitals in the Ex.D22 is to the effect of
relinquishment of right in items No.1 and 2, Ex.D22 could be taken
as family arrangements/settlements. There is no provision of law
requiring family settlements to be reduced to writing and
registered, though when reduced to writing the question of
registration may arise. Binding family arrangements dealing with
immovable property worth more than rupees hundred can be made
orally and when so made, no question of registration arises. If,
however, it is reduced to the form of writing with the purpose that
the terms should be evidenced by it, it required registration and
without registration it is inadmissible; but the said family
arrangement can be used as corroborative piece of evidence for
showing or explaining the conduct of the parties.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5805 OF 2016
(Arising out of SLP(C) No.27268 of 2008
SUBRAYA M.N.
Versus
VITTALA M.N. & ORS
Citation:(2016) 8 SCC705
https://www.lawweb.in/2016/11/how-to-appreciate-evidence-in-case-of.html
