 Please subscribe to this YouTube channel. Mentor talk can do press bell button for notifications. Do you know that no registration is necessary for a memorandum of family settlement? No matter how many immobile properties that settlement deals with. That is the settled legal position provided the family settlement or family arrangement is amongst or between members of a family descending from a common ancestor or close relatives seeking to amicably settle their differences and disputes and resolve their conflicting claims or disputed titles in the interest of complete coherence, harmony, goodwill and peace in the family. The Supreme Court of India has very recently reiterated and reaffirmed the said legal position by emphasizing that the object of such family arrangement is to protect the family from long drawn conflicts, litigation or perpetual strides which damage the unity and and you know solidarity of the family and create hatred, bad blood bitterness between the various members of the family. What are the prerequisites or conditions for a family settlement not requiring any registration? What are the essential conditions? Let us discuss those essential salient features or prerequisites or conditions. First, the family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family party to the memorandum. Second, the settlement must be voluntary and should not be induced by fraud or coercion or any kind of undue influence. The family arrangement may be even verbal what I mean to say. The registration would be necessary only if the terms of the family arrangement, this is important. The registration would be necessary if the terms of the family arrangement are reduced in writing, containing the detailed terms and conditions and recitals of a family arrangement made under the document and the document has a you know look of a formal agreement but a mere memorandum prepared you know as a family arrangement you know which is for the purposes of family record or for information of the court or for making necessary mutation you know pursuant to the family arrangement or settlement does not need any registration, it does not. Now you will ask why so? Well why so because such a memorandum itself does not create or extinguish any rights any legal rights in the removal properties and therefore you know it falls within the purview of the exception to compulsory registration as is laid laid out in section 17 2 Roman 5 of the registration act. It should be in front of you the text of the section you know section 17 2 Roman 5 reads as any document not itself creating declaring assigning limiting or extinguishing any right title or interest of the value of 100 rupees and upwards to or in immovable property but merely you know creating a right to obtain another document which which will when executed you know create declare assign limit or extinguish any such right title or interest. So I mean if you read it again it makes it very clear that the documents falling in this category of exceptions are not compulsorily registrable because they are not creating any interest per se. Condition 5 the members who may be parties to the family arrangement must have some ancestry you know based title claim or interest even a possible claim in the property which is you know acknowledged by the parties to the settlement even if one of the parties to the settlement has no title but you know under the arrangement the other party relinquishes all its claims or titles in favor of such a person and acknowledges him as the you know sole owner then the antecedent title must be assumed and the family arrangement will be held to be lawful. This is the settled legal position now. Condition 6 even if bona fide disputes even if bona fide disputes which may not involve legal claims are settled by a bona fide family arrangement which is you know fair and and equitable the family arrangement is considered to be final and binding on the parties to the settlement. Yes this is the this is the settled legal position in India with regard to memorandum of family settlements which includes even immobile properties. See you again with another topic in the next video talk.