When
a property is a self acquired one, the doctrine of family settlement stricto
sensu may not be applicable but in a case where two individuals declare each
other to be owners of the property having equal share therein, an arrangement
between them by way of a family settlement is permissible in law. Such a family
settlement is not only in relation to the title of the property but also in
relation to the use and possession thereof.
Disputes
among members of business families have been the stuff of numerous novels and
films, except for providing headlines in daily newspapers. Various families
have ruined themselves fighting until the closing stages, the last scene of
which is usually performed in the court. The judiciary is generally averse to
enter into the paddle because the law should come after everything else in
family relations. The same view has been reiterated in the present state of
affairs when compared to the days of Privy Council. The concept of family
arrangement is applicable to all the communities in which there is a common
unit, common mass and the practice of joint living. Consequently, so long as
the arrangements are made for settling the disputes with or without litigation,
the validity cannot be questioned. Only when the dispute cannot be settled by
way of family settlement, is adjudication by the way of arbitration possible.
It
may be understood in proper sagacity in the case of a family settlement, as
constituting a group of persons who are recognised in law as having a right of succession or having a claim to a share in the property in dispute. But every
party taking benefit under a family settlement need not necessarily be shown to
have under the law, a claim to share in the property. All that is necessary is
that the parties should be related to one another in some way and have a
possible claim or a semblance of a claim on some ground, as, say, affection.
The
consideration for a family settlement is the expectation that such a settlement
will result in establishing or ensuring amity and goodwill amongst the
relations and after that consideration has been passed by each of the
disputants, the settlement consisting of recognition of the right asserted by
each other cannot be impeached. The court held that the consideration for the
family settlement being compromise between parties even to a previous suit
would be a family settlement.
More,
No comments:
Post a Comment