Family settlement document requires registration

2022(6) Kar. L.J. 326
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

KRISHNAPPA (SINCE DEAD) BY HIS L.RS AND OTHERS
VERSES
Smt. ASHWATHAMMA

REGISTRATION ACT, 1908, Section 17(1) - Code of Civil Procedure, 1908, Section 100 - Second appeal - Partition suit - Joint family funds Family settlement by way of "Panchayath Palupatti"-Ex. P. 20 - Evidentiary value of Whether the document requires registration in terms of Section 17(1) If the parties have reduced family settlement into writing with an intention of using that writing as an evidence of what they have negotiated - When the arrangement is brought on by document alone, then the said document requires registration - So viewed, on facts of present case, Ex. P. 20 has no evidentiary value and this aspect was rightly dealt with by Trial Court, based on rebuttal evidence Therefore, the Appellate Court erred in reversing judgment and decree of Appellate Court.