Is there a need to register a Family Arrangement

If the family arrangement may be(or is) necessary, if the terms of the family arrangement are reduced into writinmg. If the family arrangement is not registered, then it can be used as collateral purpose. With this one can apply for mutation of his/her share.

Problem will arise when some of them will contest it.

Above is as per me, let us wait for the opinion of other experts, or u may cross check with any good civil lawyer.

I read that in 2008 the Law Commission has recommended  amendment of explanation to Section 6 of the Hindu Succession Act 1956, to include oral partition and family arrangement in the definition of ‘partition’.

Besides the familiy arrangement we have is a memorandum with mortgage arrangement on a Stamped paper written in 1975.

If the Family arrangement is written on a stamped paper, will that be used for collateral purpose (evidence document) in court? What if the original is destroyed (or hidden as lost) and one of the brothers has a Photo copy of the same with a receipt from the photo copy shop with their seal indicating it is the copy of the original? 

I would greatly appreciate of the learned lawyers advise me on this matter.

These excerpts are from the judgments mentioned with-

 “The family settlement (may be even oral) must be voluntary and should not be by fraud, coercion or undue influence. The family arrangement must be a bonafide one so as to resolve family disputes and rival claims by a fair and equitable division.

Kala v. Deputy Director of consolidation, AIR 1976 SC 807. Also Sahu Madho Das v. Mukund Ram, AIR 1955 SC 481.”

“The family arrangement may be even oral in which case no registration is necessary. The registration would be necessary only if the terms of the family arrangement are reduced into writing.  Even If the family arrangement is not registered, then it can be used as collateral purpose.” Ibid. Also see  Tek Bahadur Bhuji v. D. S. Bhuji, AIR 1966 SC 292.

U may post ur specific query in Expert section of LCI, there u may get opinions of experts.

Also u may cross check and consult with any good civil lawyer.

For more specific judgement on the above topic u may search indiankanoon.org