Family - Concept of

Family Family Arrangement

Concept of family with regard to which a family settlement

Court laid down that every party taking benefit under a family settlement must be related to one another in some way and have a possible claim to the property or a claim or even a semblance of a claim. Following was laid down:-

"....................In the first place once it is held that the transaction being a family settlement is not an alienation, it cannot amount to the creation of an interest. For, as the Privy Council pointed out in Mst. Hiran Bibi case [AIR 1914 (PC) 44] in a family settlement each party takes a share in the property by virtue of the independent title which is admitted to that extent by the other parties. It is not necessary, as would appear from the decision in Rangasami Gounden vs. Nachiaopa Gounden [LR 46 I.A. 72] that every party taking benefit under a family settlement must necessarily be shown to have, under the law, a claim to a share in the property. All that is necessary is that the parties must be related to one another in some way and have a possible claim to the property or a claim or even a semblance of a claim on some other ground as, say, affection.................."

Ram Charan Das Vs. Girjanandini Devi and Ors., 1965 (3) SCR 841