DOES FAMILY AGREEMENT CREATED FROM AN UNREGISTERED FAMILY SETTLEMENT AGREEMENT ORDERED BY GUARDIAN COURT ATTRACT REGISTERATION UNDER REGISTERATION ACT
A family agreement was done between father, mother and two sons in 2015 and in which business and properties were by family arrangement divided and valuation difference was also made by consideration, This agreement though not registered has been used as evidentiary value and binding on persons on persons who are parties to it and who have taken advantage under such family arrangement and operated as an ESTOPPEL to preclude any of the parties who have taken advantage under the agreement from revoking or challenging the same, and has been used as collateral purpose by the parties , namely showing nature and character of possession and this settlement recognizing of the right asserted by each other by the parties in pursuance of the family settlement in 2015.
This agreement was not registered. But acted upon and possessions handed over to each other in the family, even bank account signatures though title of the account was continued to be proprietary but signatures of sons for their respective business was mandated by father. But no mutation of records was done.
In 2017 one of the sons dies and his legal heirs claimed to take over what their father had agreed in the settlement of 2015, and through guardian court , appointment of mother(wife of deceased) as guardian of two minors was ordered by the court and at the same time the family settlement was revisited by the family in continuation of the family agreement 2015 and permission granted by the Guardian Court for Execution of the family settlement and also mentioned clearly the shares which was given earlier by father to his deceased son is now in the name of legal heirs including possession and the family agreement permitted was executed and recognized the rights which had been asserted and no proviso could be permitted to impeach thereafter and the parties were not entitled to turn around .
Question is:
DOES THIS FAMILY SETTLEMENT AGREEMENT OF 2018 (IN CONTINUATION OF UNREGISTERED FAMILY SETTLEMENT DEED 2015) WHICH HAS BEEN PERMITTED AND THEN EXECUTED ON ORDERS OF THE GUARDIAN COURT ATTRACT REGISTRATION UNDER REGISTRATION ACT
