The issue before the Court was whether a memorandum of settlement required registration as by way of said document the interest in immovable property worth more than Rs.100/ was transferred in favour of the plaintiff.
Allowing the appeal the Court held that ,the settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would be enforced if honestly made. The object of such arrangement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family. Accordingly the a memorandum of family settlement does not require registration . Accordingly the appeal is allowed and order of High Court is set aside . Followed Kale & Ors. v. Deputy Director of Consolidation AIR 1976 SC 807 ) (CA NO. 7764 of 2014 dt.31-07 -2020 )