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january 1976

Supreme Court of India · 1976-01-21

KALE & OTHERS vs DEPUTY DIRECTOR OF CONSOLIDATION ORS

Citation / case number
SC 1968/60268
Court
Supreme Court of India
Petitioner
KALE & OTHERS
Respondent
DEPUTY DIRECTOR OF CONSOLIDATION ORS
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that a family arrangement aims to prevent prolonged litigation and promote family unity, emphasizing that such arrangements can be oral and do not necessarily require registration unless formalized in writing. The Court established that a family arrangement must be bona fide, voluntary, and can be upheld even if it lacks formal registration, provided the parties have some antecedent title or interest in the property. The ruling reinforced the principle that once a family arrangement is made, it is binding and cannot be unsettled by parties who have benefited from it, thereby applying the rule of estoppel.

KALE & OTHERS vs DEPUTY DIRECTOR OF CONSOLIDATION ORS · Niyam