Family arrangements: bona fide, voluntary settlements preserve property and resolve disputes without requiring registration unless written terms exist. Family arrangements aim to resolve disputes and preserve family property by fair division; they must be bona fide, voluntary, and free from fraud, coercion or undue influence. Such arrangements may be oral, with registration required only if terms are reduced to writing; a mere memorandum post hoc that does not create or extinguish immovable property rights is not compulsorily registrable. Parties should have antecedent title or claim, but where others relinquish claims and acknowledge sole ownership, antecedent title is assumed and the settlement upheld.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Family arrangements: bona fide, voluntary settlements preserve property and resolve disputes without requiring registration unless written terms exist.
Family arrangements aim to resolve disputes and preserve family property by fair division; they must be bona fide, voluntary, and free from fraud, coercion or undue influence. Such arrangements may be oral, with registration required only if terms are reduced to writing; a mere memorandum post hoc that does not create or extinguish immovable property rights is not compulsorily registrable. Parties should have antecedent title or claim, but where others relinquish claims and acknowledge sole ownership, antecedent title is assumed and the settlement upheld.
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