unregistered family agreement
bhanu pratap720
(Querist) 05 April 2010
This query is : Resolved
there is an unregistered family agreement. the wishes of the testator has been carried out and the petitioner is in possession. mutation application moved under section 34 of u.p. land revenue act but rejected . reason given is that it was necessary to file a suit under sec 176 of up zamindari abolition act , 1951. appeals under Ss 210 and 219 also rejected on same grounds. the argument here is that a family settlement should be construed liberally even if is unregistered . and secondly the petitioner is in possession and others co sharers have no objection. hence the judgment order passed by the lower authorities should be set aside by a writ of certiorari. KINDLY PROVIDE ME WITH CASE LAWS ON THE FOLLOWING POINT. I WILL BE EXTREMELY GRATEFUL
Swami Sadashiva Brahmendra Sar
(Expert) 05 April 2010
Family settlement does not require registration.
But, being in possession is no ground to avoid partition suit.
However, you may file a joint writ petition with co sharers seeking certiorary and a mandamus for mutation on the basis of family settlement.
bhanu pratap720
(Querist) 06 April 2010
sir, the writ petition has been filed and co sharers have been made opposite parties .i need some latest case laws on the following point.
