Recording of memorandum of family settlement prepared after the family arrangement does not require registration


Quick Summary
The Supreme Court has ruled that a memorandum recording a family settlement, prepared after the family arrangement has already been agreed upon, does not require registration. Such a document merely records the terms of a pre-existing oral agreement and does not create or extinguish any rights in immovable property. Parties must have an existing claim or interest in the property for the family arrangement to be valid.

Court :
Supreme Court of India

Brief :
In the said judgment, SC reiterated the observations of its earlier judgement that a MOFS prepared after family arrangement was already made for the purpose of recording the information or for the information of the court, is not required to be registered.

Citation :
Ravinder Kaur Grewal & Ors. v. Manjit Kaur 6& Ors (SC) MANU/SC/0570/2020

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Judgement posted by

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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