Difference
kumar
(Querist) 05 July 2013
This query is : Resolved
Hi all,
Is there any difference between FAMILY SETTLEMENT and FAMILY ARRANGEMENT???
Thank you all...
Raj Kumar Makkad
(Expert) 05 July 2013
Post the facts of your query so that you may be advised accordingly.
kumar
(Querist) 06 July 2013
Dear makkad sir,
I am having 3 sisters and I am the only son to my parents.we settled our family properties issues before lokadalath and we obtain a award.In this award we partitioned my father's entire properties and kept some terms&conditions.
(1)our sisters relinquished their rights on all properties of my father by taking some property shares in the father's properties.
(2)I and my father kept the remaining properties jointly.
(3)My mother relinquished her rights in my father's properties except that she shall have limited rights to enjoy in her lifetime in the said property and she has no right to transfer to any party for the said property.
(4)After the lifetime of my father,his share in the joint property shall goes to me and no other party can claim for his share in the joint property
so in the award we did partition and as well as relinquishment.In the award we settled all family properties matter.
(1)Now my query is whether the above matter come under FAMILY SETTLEMENT or FAMILY ARRANGEMENT?
(2)what is main difference between FAMILY SETTLEMENT or FAMILY ARRANGEMENT?
Thank you sir.....
ajay sethi
(Expert) 06 July 2013
this is a repeated query . you had raised this query earlier too . facts seem familiar
Raj Kumar Makkad
(Expert) 06 July 2013
Why do you wan to know the difference in the light of facts state by you as both words have lost their relevance once you have Lok Adalath award in your hands.
Both words are same and do represent the same situation. When a property is a self acquired one, the doctrine of family settlement stricto sensu may not be applicable but in a case where two individuals declare each other to be owners of the property having equal share therein, an arrangement between them by way of a family settlement is permissible in law. Such a family settlement is not only in relation to the title of the property but also in relation to the use and possession thereof.
As per Halsbury’s Laws of England, “ A Family Arrangement is an agreement between members of the same family, intended to be generally and reasonably for the benefit of the family, either by compromising doubtful or disputed rights or by preserving the family property or the peace and security of the family by avoiding litigation or by saving its honour. The agreement may be implied from a long course of dealing. But it is more useful to embody or to effectuate the agreement in a deed to which the term family agreement is applied.” A family settlement is entered into for achieving a superior purpose, viz., accomplishing tranquility and accord in the family.
The intention of the arrangement is to shield the family from long drawn litigation or perpetual strives which mark the unity and solidarity of the family and create hatred and bad blood between the various members of the family. It promotes social justice through wider distribution of wealth. Family therefore has to be construed widely. It is not confined only to people having legal title to the property.
One of the earliest cases where such view was taken was in Lala Khunni Lal v. Kunwar Gobind, when the Privy Council stressed that it was the duty of the courts to uphold and give full effect to a family arrangement. In Sadhu Madho Das v. Pandit Mukand Ram, the Supreme Court held that a family arrangement can, as a matter of law, be implied from a long course of dealings between the parties.
prabhakar singh
(Expert) 06 July 2013
The two terms FAMILY SETTLEMENT or FAMILY ARRANGEMENT do not have any legal difference and serves as synonymous to each other.
However compromise arrived at was a partition and not FAMILY SETTLEMENT or ARRANGEMENT in my view.
BUT BIGGEST POINT IS WHY DID YOU REPEAT THIS QUERY AS POINTED OUT BY MR. SETHI.
Raj Kumar Makkad
(Expert) 06 July 2013
As some family members relinquished their share and other one accepted the life interest in the property so it was not merely a partition rather was a family settlement.
prabhakar singh
(Expert) 06 July 2013
It is well clear that only father was the owner whose exclusive rights were arranged to be passed in one hand or the other then i missed to call it partition ,in fact it was a void transfer.
Raj Kumar Makkad
(Expert) 06 July 2013
Yes, Mr. Singh! This was really a transfer on the part of the family members.
Rajendra K Goyal
(Expert) 06 July 2013
Well advised by the experts. However, any supplementary query should have posted in previous threads:
http://www.lawyersclubindia.com/experts/Lokadalath-award-and-will-401636.asp#.Udfhcm2Lq_I
http://www.lawyersclubindia.com/experts/Jurisdiction-402236.asp#.Udfhwm2Lq_I
Raj Kumar Makkad
(Expert) 06 July 2013
I was not aware of the previous query posted by the author otherwise I would not have replied as desired.
kumar
(Querist) 06 July 2013
Thank you very very much Raj Kumar Makkad Sir.You have cleared my all doubts.
sorry to all experts for posting repeated queries and there will be no more repeated queries from my side.
Once again thanks a lot Raj Kumar Makkad Sir
