Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Family Settlement

Tuesday, September 20, 2011
Family Settlement

Family Settlement — Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis when he had still not acquired a right in the property? — Held, yes.

Wednesday, April 27, 2011
Family Settlement

Family Settlement — A family settlement is not a transfer of property.  

Family Settlement

Family Settlement — In order to sustain a family settlement it is not necessary that there must be evidence of antecedent title of the parties — Kale & Ors. vs. Deputy Director of Consolidation AIR 1976 SC 807 relied.

Saturday, November 15, 2008
Family Settlement

Family settlement — Some ‘give and take’ was necessary for the purpose of arriving at a settlement — A partition by meets and bounds may not always be possible — A family settlement is entered into for achieving a larger purpose, viz., achieving peace and harmony in the family.

Family Settlement

Family settlement — Technicalities of limitation, etc. should not be put at risk of the implementation of a settlement drawn by a family, which is essential for maintaining peace and harmony in a family — Hari Shankar Singhania and Others vs. Gaur Hari Singhania and Others [(2006) 4 SCC 658] relied. 

Family Settlement

Family settlement — Where a settlement had been arrived at and a decree has been passed on the premise that the said compromise was lawful, the same cannot be permitted to be reopened only on the question as to whether the properties were joint properties or the self-acquired property — In the present case, it is also not a case where the settlement was contrary to any statutory provision or was opposed to public policy as envisaged under Section 23 of the Indian Contract Act — Indian Contract Act, 1872, Section 23.

Family Settlement

Family settlement — The court shall apply the statute for upholding a compromise unless it is otherwise vitiated in law — It is not required to go into the question as to whether the contents of the said settlement are correct or not — Only in a case where fraud on the party or fraud on the court has been alleged or established, the court shall treat the same to be a nullity — Fraud, as is well known, vitiates all solemn acts. 

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