27/07/2021
What is the effect of family settlement (in respect of distribution of family properties) earlier entered into between the elders of the parties?
Ans. In family settlements between the elders of the parties long ago, the elders mutually agreed to give to one among the parties a piece of land or property in lieu of share in another property jointly owned by them.
It often happens that the successor in interest of one of party denies such agreement/family settlement and brings suit in the Court of law. Hence, the agreement for such purpose must be executed in accordance with law to capable to enforce the rights arising therein in respect of such family settlement as it has the legal recognition and rights arising there from can be enforced in the competent court of law.
Court in such like cases usually considers the nature of document/agreement and then determines the properties owned by the elders of the parties. It then resolves in what manner and in consequence of such agreement the properties were distributed among the parties.
The family settlement of such like nature is of course binding upon the parties. Court in such exercise must also consider that if the settlement by conduct of the parties is capable of receiving constant recognition for long time. In such process court has to enforce such agreement and settle the rights of parties in accordance therewith and in its final determination Courts do not reject such family settlement on technical grounds.
