Goodwill is the best way to resolve a family property dispute

Submitted by asandil on 4/24/2014

“To put the world right in order, we must first put the nation in order; to put the nation in order, we must first put the family in order; to put the family in order, we must first cultivate our personal life; we must first set our hearts right.” -Confucius

Debate and disputes around the relatives are a common sight in India, recognizing the way that the joint family framework still exists. Generally in India, the question harvests up when there is no clear division as to the responsibility for property.

Conflict is an omnipresent characteristic of a family life. At the point when a property is a self-procured one, the doctrine of family settlement stricto sensu may not be relevant in a situation where two people pronounce one another to be holders of the property having equivalent share in that. A game plan between them by the method of family settlement is reasonable in law. Such a family settlement is not just in connection to the title of the property but additionally in connection to the utilization and ownership thereof.

The Supreme Court in Ram Charan v. Girja Nandini , observed “the word ‘family’ is not to be understood in a narrow sense of being a group of persons whom the law recognizes as having a right of succession or having a claim to a share in the disputed property.”

It may be seen in suitable judiciousness on account of a family settlement as constituting a gathering of persons who are distinguished in law as having a right of possession. All that is fundamental is that the parties should be identified with each one in turn somehow to have a conceivable case or a similarity of a case on some solid grounds.

The thought for a family settlement is the desire that such a settlement will bring about securing or guaranteeing friendship and goodwill around the relations and after that attention has been passed by, each of the disputants, the settlement comprising of the right affirmed by one another can’t be reprimanded. The court held that the attention for the family settlement being trade off between parties even to a past suit might be a family settlement.

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