District Judiciary Retirement Age | Supreme Court Directs Enhancement To 62 Years To Arrest Attrition Of Judicial Talent Slogans Inciting Armed Rebellion Or Challenging Sovereignty Cannot Be Equated With Religious Expressions: Allahabad High Court Denies Bail Revisional Authority Under AP ROR Act Has Jurisdiction To Direct Inquiry Into Illegal Transfers Of Assigned Land: Andhra Pradesh High Court Indian Law Does Not Recognise 'Joint Parenting' As A Statutory Concept; Child Welfare Remains Paramount: Bombay High Court Order 26 Rule 9 CPC | Court Must Appoint Survey-Knowing Commissioner In Suits Alleging Physical Encroachment And Boundary Disputes: Calcutta High Court Section 33-C(2) ID Act | Labour Court Has Jurisdiction To Recover Consequential Benefits Arising From CAT Orders: Delhi High Court Order VIII Rule 1-A(3) CPC | Procedural Law Is Meant For Advancement Of Justice; Technicalities Should Not Scuttle Opportunity To Lead Evidence: Himachal Pradesh High Court High Court Can Condition Condonation Of Delay In Land Acquisition Appeals Upon Waiver Of Interest For Delayed Period: Bombay High Court Employees Compensation Act | Insurance Company Not Liable To Indemnify Penalty Imposed On Employer Under Section 4-A(3)(b): Himachal Pradesh High Court Employees’ Compensation Act | Failure To Frame Issue On Employer-Employee Relationship Vitiates Commissioner’s Award: Kerala High Court Default Bail Under Section 187 BNSS | Period Of Investigation Depends On Substance Of Allegations In FIR, Not Merely Mentioned Sections: Madhya Pradesh High Court SARFAESI Act | Forfeiture Of Earnest Money Deposit Must Be Challenged Under Section 17 Before DRT, Not Via Writ Petition: Kerala 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