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Hindu Women, Property Rights Of Generally/ Coparcenary/ HUF/ Joint Family Property

The term family has to be understood in a wider sense so as to include within its fold not only close relation s or legal heirs but even those persons who may have some short of antecedent title, a semblance of a claim or even if they have a spes succession is.

To put the binding effect and the essential s of a family settlement in a concretized form ,the matter may be reduced in to the form of the following proportions:

  1. The family settlement must be a Bina 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.
  2. The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence.
  3. The family arrangement may be oral in which case ni registration is necessary.
  4. It is well settled that registration would be necessary only if the term of the family arrangement are reduced in to writing. Here also,a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the the family arrangement has already been made either for the purpose of the record or for information of the court for making necessary mutation. In such a case the memorandum it self does not create or extinguish any rights in immovable properties and there foredoes not fall within the mischief of section 17(2) of the Registration Act,1908and is , therefore, not compulsorily register able.

In regards to family settlement, the central idea in the approach made by the Courts is that if by consent of parties a matter has been settled, it should not be allowed to be reopened by the parties to the agreement on frivolous or untenable grounds.

A perusal of section 15(1) (d) of the HSA,1956, indicates that heirs of the the father are covered in the heirs , who would succeed a female Hindu.

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