Even 1.5 Years in Jail Doesn’t Dilute Section 37 NDPS Rigour: Punjab & Haryana High Court Denies Bail in 710 Kg Poppy Husk Case Stay of Conviction Nullifies Disqualification Under Section 8(3) RP Act: Allahabad High Court Dismisses Quo Warranto Against Rahul Gandhi Custodial Interrogation Necessary to Uncover ₹2 Crore MGNREGA Scam: Kerala High Court Rejects Anticipatory Bail for Vendors in Corruption Case Order 41 Rule 23 CPC | Trial Court Cannot Decide Title Solely on a Vacated Judgment: Himachal Pradesh High Court Strikes By Bar Associations Cannot Stall Justice: Allahabad High Court Holds Office Bearers Liable for Contempt if Revenue Suits Are Delayed Due to Boycotts To Constitute a Service PE, Services Must Be Furnished Within India Through Employees Present in India: Delhi High Court Medical Negligence | State Liable for Loss of Vision in Botched Cataract Surgeries: Gauhati High Court Awards Compensation Waiver of Right Under Section 50 NDPS is Valid Even Without Panch Signatures: Bombay High Court Agricultural Land Is 'Property' Under Hindu Women’s Right to Property Act, 1937: A.P. High Court Tenant Who Pays Rent After Verifying Landlord’s Will Cannot Dispute His Title Under Section 116 Evidence Act: Himachal Pradesh High Court Dismisses Eviction Challenge by HP State Cooperative Bank Clever Drafting Cannot Override Limitation Bar: Gujarat High Court Rejects Suit for Specific Performance Once Divorce by Mutual Consent Is Final, Wife Cannot Pursue Criminal Case for Stridhan Without Reserving Right to Do So: Himachal Pradesh High Court Caste-Based Insults Must Show Intent – Mere Abuse Not Enough for Atrocities Act: Gujarat High Court Upholds Acquittal Failure to Inform Detenu of Right to Represent to Detaining Authority Vitiates NSA Detention: Gauhati High Court Awarding Further Interest On Penal Charges Is Contrary To Fundamental Policy Of Indian Arbitration Law: Bombay High Court

Family Settlement Not Registered Under Indian Registration Act, 1908 Cannot Be Considered for Division of Properties: Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court has held that an unregistered family settlement cannot be taken into account for the division of properties. The judgment in the case of Om Singh & Anr. V. Sham Singh & Anr., delivered by Hon’ble Mrs. Justice Alka Sarin, revolved around a dispute over family property in a joint Hindu family setting.

 

The key legal issue in this case was whether an unregistered family settlement, dated 10.10.2011, could be enforced for dividing family properties among the members of a joint Hindu family. The High Court emphasized the importance of registration under Section 17 of the Indian Registration Act, 1908, for family settlements that involve property rights.

 

The dispute involved two parties claiming ownership and possession over certain family properties. The respondent-plaintiff filed a suit for declaration and permanent injunction, asserting ownership based on the unregistered family settlement. The appellant-defendants challenged the validity of this settlement, questioning its enforceability.

 

Validity of Unregistered Family Settlement: The High Court noted that the family settlement required compulsory registration under the Indian Registration Act, 1908. Since it was unregistered, the settlement couldn’t be considered for property division, and by implication, the properties remained joint.

 

Protection of Admitted Possession: The Court upheld the decision to protect the respondent-plaintiff’s possession of certain properties. This was justified as the appellant-defendants admitted the respondent-plaintiff’s possession over these properties.

 

No Exclusive Possession Established: The appellants failed to prove their exclusive possession over the disputed properties. The Court clarified that for granting injunction, it primarily concerns itself with possession.

 

The High Court dismissed the second appeal, finding no merit in the appellant’s arguments. No substantial question of law was determined to arise from the case, leading to the upholding of the lower courts’ decisions.

Date of Decision: 01.04.2024

Om Singh & Anr. V. Sham Singh & Anr.

Latest Legal News